MANCHEGOWDA ETC. versus STATE OF KARNATAKA ETC.

MANCHEGOWDA ETC. versus STATE OF KARNATAKA ETC.

Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 are constitutionally valid. The Act applies only to transfers made in breach of prohibitory conditions, where the transferee's title was voidable at the commencement of the Act and not perfected by prescription. The Act does not violate Articles 14, 19(1)(f), 31 or 31A as the provisions are justified by public policy and the directive principles for protecting weaker sections. The Amending Act has provided for appeals, resolving procedural issues.

Parties
Appellant: Manchegowda etc.; Respondent: State of Karnataka etc.
Jurisdiction
India
Judgment Date
17 April 1984
Procedural Posture
Constitutional Appeal / Decision on Appeal From High Court
Outcome
appeals dismissed
Legal Topics
Constitutional Validity of Statutes, Prohibition of Land Transfer, Scheduled Castes and Scheduled Tribes, Restitution and Resumption of Granted Lands
Constitutional Law Property Law Social Welfare Law Constitutional Validity of Statutes Prohibition of Land Transfer Scheduled Castes and Scheduled Tribes Restitution and Resumption of Granted Lands

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Parties

Manchegowda etc.

Appellant

State of Karnataka etc.

Respondent

Procedural Posture

Constitutional Appeal / Decision on Appeal From High Court

Legal Issues

  1. 1 Whether sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 violate Articles 14, 19(1)(f), 31 and 31A of the Constitution
  2. 2 Whether the Act's provisions exclusively for Scheduled Castes and Tribes, excluding other communities, violate Article 14
  3. 3 Whether the absence of provision for appeal violates constitutional guarantees

Ratio Decidendi

Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 are constitutionally valid. The Act applies only to transfers made in breach of prohibitory conditions, where the transferee's title was voidable at the commencement of the Act and not perfected by prescription. The Act does not violate Articles 14, 19(1)(f), 31 or 31A as the provisions are justified by public policy and the directive principles for protecting weaker sections. The Amending Act has provided for appeals, resolving procedural issues.

Court Disposition

appeals dismissed

Orders

  • Appeals and Special Leave Petitions dismissed.
  • No order as to costs.