Vikramajit Sen, C.J.

1. The common question which arises in all these appeals is whether the decisions declaring the sale transaction in favour of the Appellants violates the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘the PTCL Act’ for the sake of brevity).

While we deal with the specific facts and contentions of each case later, at the outset, we preface this judgment with the legal framework within which the aforesaid question arises.

2. Succinctly stated, the lands in question had been allotted by the Government to persons belonging to the Scheduled Caste and Scheduled Tribe (earlier compendiously termed as the ‘depressed classes’) on Grants which contained covenants prohibiting the transfer or alienation of such land in perpetuity or for a term of years. The Honourable Supreme Court has rejected a challenge to the constitutional validity of the PTCL Act and instead has lauded its objects namely, the alleviation of the plight of the Depressed sections of our society. Section 3(b) contains an encompassing definition of the term “granted lands”. Section 4 contains the prohibition of transfer of these granted lands on any contravention of the terms of the Grant or the law providing for such Grant and further requires that permission from the Government be obtained before alienation/transfer of any granted lands. Section 5 firstly empowers the Assistant Commissioner with suo motu powers to take possession of granted lands on his satisfaction that the transfer is null and void under Section 4, and thereafter empowers this Authority to restore the land to the original grantee or his legal heirs in certain circumstances or to other of the Scheduled Castes and Scheduled Tribe community. No period of limitation to initiate such proceedings has been stipulated in the statute. Section 5(A) was introduced in 1984 and provides for an appeal to the Deputy Commissioner, to be filed within three months, but condonation of delay can be ordered. Sub Section (3) of Section 5 creates a fiction that where any granted land is in the possession of a person other than the original grantee, it shall be presumed, until the contrary is proved, that such person has acquired the land by a transfer which is null and void, as envisaged under the provisions of sub-section (1) of Section 4. Section 11 prescribes that the provisions of the PTCL Act shall override all other laws. Since these provisions of the PTCL Act pervade our entire consideration, they are reproduced for ease of reference:

Section 3(b):” Granted Land”means any land granted by the Government to a person belonging to any of the Scheduled Casts or the Scheduled Tribes and includes land allotted or granted to 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 words “Granted” shall be construed accordingly.

Section 4: Prohibition of transfer of granted lands-

(1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer.

(2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government.

(3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority.

Section 5. Resumption and restitution of granted lands-(1) Where, on application by any interested person or on information given in