BENGALURU: The Karnataka government should adopt and implement a proper mechanism for taking action against erring officials, who fail to take immediate action under provisions of the Karnataka Scheduled Castes And Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, by making suitable provisions in the Act and rules thereunder, the Karnataka High Court has said.
“The lack of willingness on the part of the authorities to initiate proceedings at the earliest, as the lands granted being government land and waiting for the grantees or descendants to approach, shows the apathy with which the provisions are dealt with,” said a division bench of Justice V Kameswar Rao and Justice TM Nadaf, dismissing the appeal filed by Narayanamma from Hebbagodi in Anekal taluk over the dispute pertaining to sale of land granted under the Act, and imposing a cost of Rs 25,000. They challenged the single judge order dated September 7, 2022.
While passing the order, the court placed on record certain shortcomings observed in cases of this nature. Though the state government enacted the Act in the year 1978 with all provisions, officials enjoined with the powers of the Act are very slow to respond, despite suo motu powers being given to take immediate action, the court added.
The court further said the original authority being the Assistant Commissioner, the sub-divisional revenue head is aware of records of the land and grant order.
A beneficial act enacted with the object of providing a helping hand to socially and economically depressed classes, is found insufficient to help the suppressed classes whose ignorance and poverty have been exploited by people of affluent and powerful sections, to obtain sales or mortgages either for nominal consideration or no consideration at all, the court observed, issuing directions to the state government.