AIR 2012 KARNATAKA 173 ::(2013) 3 Ker LT 2 ::(2013) 3 KCCR 2055 ::(2013) 1 Kant LJ 177 ::(2013) 1 LandLR 133 ::(2013) 125 AllIndCas 23 (KAR)

Karnataka High Court

Hon'ble Judge(s): Vikramajit Sen , C.J. AND H. G. Ramesh, V. Jagannathan , JJ

(A) Constitution of India , Art.342— Constitution (Scheduled Tribes) Order (1950) , Cl.38— @page-Kant174 Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.4, S.3(1)(b)— Scheduled Tribes - All entries in Constitution (Scheduled Tribes) Order, 1950 original or subsequent are only elucidatory and clarificatory in nature - Every inclusion of Caste or Tribe subsequently would have retrospective effect and would therefore revert back to Presidential Notification of 1950 - Consequently inclusion of persons in Scheduled Castes/Scheduled Tribes community subsequent to execution of grant would inexorably attract provisions of PTCL Act. W. P. No. 2807/1991, D/- 9-11-1995 (Kant), held per incuriam.Vikramajit Sen, C. J. (for himself and on behalf of V. Jagannathan, J.) :- All entries in the Constitution (Scheduled Tribes) Order, 1950 original or subsequent are only elucidatory and clarificatory in nature. Every inclusion of Caste or Tribe subsequently would have retrospective effect and would therefore revert back to the Presidential Notification of 1950. The father of the petitioner was granted five acres of land on 23-12-1954 by a "grant certificate"; and the grantee belonged to a Scheduled Tribes and based on the same, the land could not be alienated for a period of 20 years as it was "free of....