AIR 2000 KARNATAKA 138 ::(1999) 2 LACC 596 ::(1999) 6 Kant LJ 439

Karnataka High Court

Hon'ble Judge(s): Hari Nath Tilhari , J

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.10— Mysore Land Revenue Rules , R.43(g), R.43(j)— Government land - Grant of, to member of Scheduled Caste at concess-ional rate - Rr. 43(g) applies and not R. 43(j) - Alienation within 15 years of grant prohibited - Absence of such condition in Certificate of grant is immaterial - Alienation within prohibited period is null and void. Where the government land was granted to the grantee by relaxing and reducing the normal upset price since the grantee belonged to Bhovi Community being classified as the Scheduled Caste, The grant cannot be said to have been made under Rule 43(j). When grant had not been made under Rule 43(j), then definitely Rule 43(g) will apply. It is immaterial whether in the saguvali chit, the Tahsildar or the official concerned has not mentioned the condition which is contained in Rule 43(g) that the land which has been granted is a free grant or for a price less than the full market value, the grantee shall not alienate the land for 15 years will apply. A Departmental Babu cannot by his act make or render the provisions of law or rules ineffective, the grant has to be governed by the rules operating on the date of the grant, so even if the deed did not contain any condition prohibiting alienation of granted land, Rule 43(g) did....