- (1.) This writ petition has come up for further orders with the understanding that it may be taken up for disposal as was the tenor of the order passed on 15.6.2011, directing the matter to be listed before the court today after admitting the writ petition by issue of rule and permitting the respondents whether represented through counsel or otherwise to file objections, if any, to the main petition, in the meanwhile.
(2.) Petitioners are persons claiming as legal heirs of a grantee one Smt. Narasamma - a person belonging to depressed class community in whose favour had been granted an extent of 2 acres of land in Sy. No. 11 of Pattanagere Village, Kengeri Hobli, Bangalore South Taluk in the year 1939-40 and such land had been subsequently sold by the grantee, Smt. Narasamma in favour of third respondent in this petition in the year 1972 to be precise on 23.2.1972 as per registered sale deed and after receiving consideration for the same.
(3.) However, the transfer was in violation of the condition of the grant as imposed statutorily on such grants in favour of persons belonging to depressed class which held the field during the relevant period, which Sri. Omkumar, learned Additional Government Advocate points out is one of prohibition forever from transferring such land in terms of rule 43 [8] of the rules framed under section 233 of the Mysore Land Revenue Code, 1888. After the Karnataka Scheduled Caste and Scheduled Tribe [Prohibition of Transfer of Certain Lands] Act, 1978 [for short 'the Act'] came into force, in terms of section 4 of the Act, such transaction gets invalidated under section 4 of the Act which is attracted to a transaction of this nature and reading as under:;