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2011 Supreme(Kar) 77

H.G.RAMESH, V.JAGANNATHAN
Thirtharama – Appellant
Versus
State Of Karnataka Represented by its Secretary – Respondent


Advocates appeared:
For the Petitioners:K.A. Ariga, Advocate. For the Respondents: R1 to R4 - N.B. Viswanath. AGA.

Judgment :-

1. On a reference by a learned Single Judge of this Court, this writ petition is placed before us. In substance, the question referred is as to whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 is inapplicable to a ‘granted land’ i.e., a land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes but in respect of which occupancy rights were subsequently granted to a tenant under the Karnataka Land Reforms Act, 1961?

In the context, it is relevant to refer to the definition of ‘granted land’ as defined under Section 3(1) (b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (‘the Act’ for short):

“Granted Land” means any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes land allotted or granted or such person under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word “Granted” shall be construed accordingly















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