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2011 Supreme(Kar) 352

H.G.RAMESH, JAGDISH SINGH KHEHAR
Bhadre Gowda – Appellant
Versus
Deputy Commissioner, Mysore District, Mysore – Respondent


Advocates appeared:
Sri T.A. Karumbaiah, for Appellants;
Sri B. Veerappa, Additional Government Advocate for Respondents-l and 2;
Sri H. Mohan Kumar, for Respondents-3-9.

JUDGMENT

J.S. Khehar, C.J. (Oral): An extent of 4 acres of land in Sy.No.85 (Old. No. 111) in the revenue estate of Bekya Village in Periyapatna Taluk, Mysore District was granted in favour of Cheluvaiah on 04.06.1955. The "Saguvali Chit" (possession/grant certificate) was issued in favour of Cheluvaiah on 29.06.1955. On 01.10.1962, the original grantee, Cheluvaiah sold the grant land to Narasimhachari; Narasimhachari in turn, sold it to Eregowda; and Eregowda, on 22.2.1973 sold the said grant land to Marideve Gowda.

2. The original grantee i.e. Cheluvaiah moved an application before the Assistant Commissioner, Hunsur Sub-Division under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'PTCL' Act) seeking annulment of the grant land sold by him. The Assistant Commissioner, accepted the prayer made by Cheluvaiah vide an order dated 21.04.1982.

The aforesaid order was passed keeping in view, the mandate contained in Section 4 of the PTCL Act. Section 4 aforementioned is being extracted hereunder:

"4. Prohibition of transfer of granted lands.-(l) Notwithstanding anything in any law, agreement,









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