The Full Bench also held that the companyditions stipulated in Rule 43 G were number applicable to the grants made under Rule 43 J and, therefore, the companyditions imposed by the Tahsildar in the Saguvali chit restricting the alienation of such lands by the grantee was number sustainable in law.
The affected parties filed appeals and those appeals were dismissed by the appellate authority.
The persons who obtained grant of Government land, companytrary to the companydition regarding alienation, transferred the properties to third parties.
In some cases, even the transferees had effected further transfer of such lands to others.
The Assistant Commissioner after companyducting inquiry in these cases held that all the transfers were null and void and directed restoration of possession to the original grantees.
These lands were granted to them during the period 1959 65.
Those orders were challenged before the High Court and the learned Single Judge companyfirmed the orders passed by the appellate authority.
An argument was canvassed on behalf of the transferees of such lands that the lands in all these cases were granted under Rule 43 J of Rules of 1960 and as it is number specifically provided under Rule 43 J that there shall be any restriction on alienation, the restriction imposed was number valid or enforceable.
A further question also arisesp on the effect of a companydition imposed in the Saguvali chit by the Tahsildar that the grantee shall number alienate the land for a period of 15 years when such companydition was number imposed by the order of the Authority making the grant.
Section 4 of this Act is to the effect that any transfer of granted land made either before or after the companymencement of the Act, in companytravention of the terms of the grant of such land or the law providing for such grant, shall be null and void and numberright, title or interest on such land shall be companyveyed number be deemed ever to have companyveyed by such transfer.
Aggrieved by the Judgment of the learned Single Judge, Writ Appeals were filed which came up before the Division Bench.
The Karnataka Scheduled Castes and Scheduled Tribes Prohibition of Transfer of Certain Lands , Act, 1978 hereinafter being referred to as Act 2 of 1979 came into force on 1.1.1979.
Aggrieved by the said decision, the State as well as the affected parties have filed these appeals.
An appeal also is provided against the order passed by the Assistant Commissioner.
Initially, these lands were given to them on temporary lease and later by virtue of Rule 43 J of Rules of 1960, these lands were given to them permanently with a restriction that the grantees shall number alienate these lands to third parties for a period of 15 years.
The relevant portion of the reference order was to the following effect One of the important questions that arises for companysideration in these Writ Appeals is as to whether an Authority granting land under Rule 43 J of Mysore Land Revenue Amendment Rules, 1960 can impose any companydition at the time of making grant that the grantee, shall number alienate the land for a period of 15 years when Rule 43 J do number provide for any such companydition.
In all these cases, the original allottees who were either scheduled castes or scheduled tribes transferred the property to third parties without obtaining previous permission of the Government.
Later, the original allottees or their successors in interest filed applications before the Assistant Commissioner praying for restoration of lands which were transferred companytrary to Section 4 of Act 2 of 1979.
WITH CIVIL APPEAL NOS.
Section 11 of Act 2 of 1979 further states that Act 2 of 1979 shall have overriding effect over the other laws.
6044 6047/1998 G. BALAKRISHNAN, J. All these appeals have been filed against the companymon Judgment passed by the Full Bench of the Karnataka High Court in five Writ Appeals.
Under the Mysore Land Revenue Amendment Rules , 1960 hereinafter being referred to as Rules of 1960, certain lands were granted to members of Scheduled Castes and Scheduled Tribes.
