Satyan vs Deputy Commissioner .

1. The State Government of Karnataka granted lands to members of the Scheduled Caste and Scheduled Tribe community, free of charge, to assist in their economic empowerment and to provide them with opportunity for self-employment through agriculture, the lands granted being agricultural lands. In the early 1980s, the private 1 respondents No.3 were made beneficiaries of such grants on 12.8.1982, of lands measuring approx. two (2) acres for each of these beneficiaries, numbering eight (8), in Bannikuppe Village, Bidadi Hobli, Ramanagaram, Bangalore Rural District. These grants came with certain restrictions, especially qua transfer, so that the very objective with which the lands have been allotted is not defeated. We are concerned, in the present appeals, with the transfer of these lands to the appellant by all the eight (8) beneficiaries, in August and September, 1997, which were sought to be annulled by the orders of the competent authority, under The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the ‘said Act’).

3. The appellant purchased the lands from the private respondents vide sale deeds of different dates, but beyond the period of fifteen (15) years. The sale deeds have been executed by the private respondents, in favour of the appellant through their attorney, who is the wife of the appellant herein. The date of the General Power of Attorney (for short ‘GPA’) is stated to be 16.12.1996 (disclosed in pursuance of the order dated 5.4.2019) and the consideration is same for each of the sale deeds, i.e., Rs.4.50 lakhs and all such payments have been made in cash. It may be noted herein itself that the date of the GPA is before the expiry of fifteen (15) years. It is the case of the appellant that these sale deeds were executed after having obtained the permission of the competent authority under Section 4 of the said Act. The said provision reads as under:

5. On inquiry, the Assistant Commissioner passed an order dated 5.5.2006, setting aside the sale deeds and directing restoration of the lands to the original allottees under Section 5 of the said Act. The appeal preferred against this order before the Deputy Commissioner was dismissed vide order dated 14.11.2006. The appellant assailed these orders in a writ petition filed before the Karnataka High Court, but that endeavour also failed when the learned single Judge dismissed the petition on 15.12.2008. The writ appeal filed against the same has been dismissed vide impugned order dated 16.10.2009. In the Special Leave Petitions (for short ‘SLPs’) filed against the 5 impugned order, an interim order to maintain status quo, as on date, was passed on 23.3.2012 and, subsequently, leave was granted on 11.3.2019.

11. The contention, however, of Mr. Dave was that the aforesaid para indicates that granted lands, which had been transferred after the expiry of the period of prohibition, do not come within the purview of the said Act. These granted lands, transferred before the commencement of the said Act, and not in contravention of the conditions regarding transfer are clearly beyond the scope and 10 purview of the said Act. Similarly, transfers made prior to the commencement of the said Act in violation of the conditions regarding prohibition of transfer, where titles were perfected before the commencement of the Act, by prescription, by long and continuous enjoyment, in accordance with law, have been excluded from the purview of the said Act.

36. We are of the view that the courts below committed no error, and the competent authority has acted within its jurisdiction to nullify the transactions which are contrary to the statutory provisions of Section 4(2) of the said Act, and the manner of execution itself raises many doubts.

37. The appeals are accordingly dismissed, leaving the parties to bear their own costs.

April 30, 2019.