AIR 1999 KARNATAKA 196 ::1999 (6) KantLD 302 ::(1999) ILR (Kant) 634 ::1999 (1) LACC 37 ::1998 (6) KantLJ 30

Karnataka High Court

Hon'ble Judge(s): Ashok Bhan, V. P. Mohan Kumar, S. R. Venkatesha Murthy , JJJ

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.4, S.11— Karnataka Land Grants Rules (1969) , R.29A— Govt. land - Grant of, in favour of Scheduled Caste person - Terms of grant prohibiting alienation to person other than Scheduled Caste/Scheduled Tribe member - Alienation of such land - Effect of introduction of R. 21A - Terms of grant would be modified - All alienations of land without sanction of Govt. to any one - Would invalidate the grant. AIR 1983 Kant 237, Overruled. Where a Govt. land was granted in favour of Scheduled Caste person, the sale of land in favour of person other than Scheduled Caste/Tribe member by the grantee on 22-3-1977 would invalidate the grant by virtue of Cl. 12 of the terms of grant providing that alienation of the land without the sanction of Government to anyone other than scheduled class member shall invalidate the grant. R. 29A which had been incorporated in the Karnataka Land Revenue Rules with effect from 17-10-1974 providing that the provisions of any Rule that the land granted shall not be alienated except to the members of the Scheduled Castes or Scheduled Tribes shall, with effect from the commencement of the Karnataka Land Grant (Amendment) Rules, 1974, cease to operate, is not deemed to have been obliterated from back date (retrospectively) ....