K.N. Shivakumari vs Assistant Commissioner and Others

D.V. Shylendra Kumar, J.—The matter has come up for orders on the application in Misc. W. 1077 of 2011 for early hearing of the writ petition. Though the matter has come up for orders on the said application, I have heard the matter on merits and the main matter itself is taken up for disposal. Misc. W. 1077 of 2011 for early hearing is ordered and the petition is heard.

A person who purchases a land granted in favour of a person belonging to scheduled caste community is only hazarding an adventure of this nature, particularly, after coming the into force of the provisions of the Karnataka Scheduled Caste & Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978, (for short ''the Act'') and has to pay penalty of losing such land as such transactions are inevitably voided under the law in terms of Section 4 of the Act, if such sale had not been preceded by prior permission accorded to the grantee and the purchaser.

In the instant case, the writ Petitioner, is one such person and though Sri. Chandrachooda, learned Counsel for the Petitioner, seeks to raise several grounds technical or otherwise as urged by the learned Counsel, mainly to invalidate the orders of the Assistant Commissioner and the Deputy Commissioner and that even assuming such a person who had sought for restitution subsequently, has sought for permission before the Deputy Commissioner to transfer the land, they are all not facts and situations which can validate the earlier transaction in any manner as law inevitably operates and therefore orders passed by the Assistant Commissioner and the Deputy Commissioner to achieve the object and purpose of the Act and more so when it has been achieved, cannot be disturbed.

There is no merit in the writ petition. Writ petition is dismissed.