Advocates:
RAJEEV SINGHV. N. RAGHUPATHY

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1390 OF 2009

NEKKANTI RAMA LAKSHMI

APPELLANT(S)

VERSUS

STATE OF KARNATAKA AND ANR. RESPONDENT(S)

O R D E R

1.

This appeal is preferred against the

judgment of the High Court of Karnataka at

Bangalore. A learned Single Judge of the

High Court upheld the order of the

appellate authority under the Karnataka

Scheduled Castes and Scheduled Tribes

(Prohibition of Transfer of Certain

Lands)Act, 1978, which came into force in

1979, (for short, "the "Act").

The

appellate authority had by its order had

set aside the order of the Assistant

Commissioner, Davanagere. The appellate

authority had annulled the transfer of land

measuring 1 Acre and 2 Guntas, which

was sold out of a total of 2

Digitally signed by

CHARANJEET KAUR

Date: 2017.11.02

16:46:15 IST

Reason:

Signature Not Verified

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Acres and 2 Guntas, and further directed

the Assistant Commissioner, Davanagere to

restore the disputed land to the

possession of the applicant.

2.

The land was originally granted to

one Kariyappa on the basis of a grant

which had not been produced on record.

The grant was on 30.06.1965. Kriyappa

sold the land to one Mekha Narasimha

Murthy

on

15.12.1977.

The

appellant-Smt.Nekkanti

Rama

Lakshmi

purchased the land on 27.06.1984 from

Mekha Narasimha Murthy.

3. With effect from 01.01.1979, the Act

came into force. That Act vide Section 4¹

annulled the transfer of any granted land in

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Sec. 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.

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contravention of the terms of grant of

such land.

4.

Section 5² of the Act provided for

resumption and restitution of granted

lands.

It provided that for an

application to be made by a interested

person to the Assistant Commissioner for

restoration of such land.

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Sec. 5. Resumption and restitution of granted lands. - (1) where, on

application by any interested person or on information given in writing by any person or suo moto,

and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the

transfer of any granted land is null and void under sub-section (1) of section 4, he may.-

(a)

by order take possession of such land after evicting all persons in possession thereof

in such manner as may be prescribed:

Provided that no such order shall be made except after giving the person affected a

reasonable opportunity of being heard;

(b)

restore such land to the original grantee or his legal heir. Where it is not reasonably

practicable to restore the land to such grantee or legal heir, such land shall be deemed to have vested

in the Government free form all encumbrances. The Government may grant such land to a person

belonging to any of the Scheduled Castes or Scheduled Tribes in accordance with the rules relating

to grant of land.

[(1A) After an enquiry referred to in sub-section (1) the Assistant Commissioner may, if he is

satisfied that transfer of any granted land is not null and void pass an order accordingly.]

(2)

[Subject to the order of the Deputy Comm