SHIVAPRAKASH, J. ( 1 ) THOUGH the matter is listed for preliminary hearing by consent of parties the same is taken up for final hearing. ( 2 ) THIS is a petition presented by the purchaser of land bearing sy. No. 70 (80) of linglapura village, birur hobli, kadur taluk, chick magalur district, measuring 1 acre, 4 guntas. He purchased the said land, according to the petition averments, from one nagappa under a sale deed executed in the year 1980. The original grantee of the land was the third respondent, who died during the pendency of the writ petition. The legal representatives of the third respondent have since been brought on record. ( 3 ) THE main contention of the petitioner in this writ petition is that since the land in question was granted at an upset price to the original grantee, the Provisions of the Karnataka scheduled caste and scheduled tribe (prohibition of transfer of certain lands) Act, 1978 are not applicable. It is also contended that since the first sale of the land in violation of the terms of the grant, was in the year 1966, the petitioner has perfected his title by prescription of long and continuous enjoyment of the land before the commencement of the said act. ( 4 ) BOTH these contentions cannot be accepted. Section 4 of the aforesaid act readsthus:"prohibition of transfer of granted lands. (1) notwithstanding anything contained in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed nor be deemed ever to have conveyed by such transfer. (2) no person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the government. (3) the Provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority. (3) the Provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority. "section 3 (1) (b) of the act defines 'granted land' thus" "granted land" means any land granted by the government to a person belonging to any of the scheduled castes or the scheduled tribes and includes land allotted or granted to such persons under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word 'granted' shall be construed accordingly;"it is no where stated that if the land has been granted at an upset price which is understood as market price, the prohibition contained in the act shall not be applicable to the said transaction. Therefore, the first contention that since the land in question has been granted at an upset price, the Provisions of the act are not applicable has to fail. ( 5 ) IN so far as perfecting the title by prescription as laid down by the Supreme Court Insunkara Rajyalakshmi v State of Kamataka, ILR 1987 Karnataka 2076, the period of limitation which has to be taken into account for the purpose of determining whether the title has been perfected by prescription is that which runs against the State government and, therefore, it would be 30 years and not 12 years as contended by the petitioner. ( 6 ) THE prohibition against transfer in terms of the grant in the year 1958 under the relevant grant rules was 10 years. This is brought to my notice by Sri N. B. N. swamy, learned high court government pleader. ( 7 ) IN this view of the matter, the petitionfails and the same is rejected. Writ petition rejected. --- *** --- .