2012 (2) KCCR 1529 (DB)
KARNATAKA HIGH COURT
J.S. Khehar, Chief Justice and H.G. Ramesh, J
Bhadre Gowda and Others- Appellants
Vs.
The Deputy Commissioner, Mysore District, Mysore and Others- Respondents
Writ Appeal No. 512 of 2011 (SC/ST),
Decided on: 7.6.2011
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, 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 or 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. Dissatisfied with the order passed by the Assistant Commissioner, the concerned vendee preferred an appeal before the deputy Commissioner, Mysore District. The Deputy Commissioner, Mysore District by his order dated 30.08.1985 upheld the order passed by the Assistant Commissioner, Hunsur Sub-Division. Dissatisfied with the orders dated 21.04.1982 and 30.08.1985 (referred to hereinabove), the vendee approached this Court by filing Writ Petition No.16486/1985. The aforementioned writ petition came to be dismissed on 21.08.1987. The legal battle between the original grantee i.e. Cheluvaiah and the concerned transferee came to an end with the disposal of Writ Petition No. 16486/1985. Thereupon, the grant land reverted back to the original grantee i.e., Cheluvaiah.
4. The original grantee i.e., Chevuvaiah again sold a part of the grant land measuring 3 acres 30 guntas (out of the total grant land measuring 4 acres to) Somegowda on 03.02.1992. Yet again, the original grantee Cheluvaiah approached the Assistant Commissioner, Hunsur Sub-Division, seeking to repudiate the instant sale in favour of Somegowda, again under Section 5 of the PTCL Act. The Assistant Commissioner, Hunsur Sub Division by order dated 25.05.1999 declared the sale dated 03.02.1992 made by Channegowda in favour of Somegowda as null and void i.e. in violation of the mandate contained under Section 4 of the PTCL Act. Dissatisfied with the order passed by the Assistant Commissioner, Hunsur Sub-Division, the transferee assailed the order by preferring an appeal before the Deputy Commissioner, Mysore Division Bench. The said appeal was however, dismissed by an order dated 30.11.2010. The orders dated' 25.05.1999 and 30.11.2010 (referred to hereinabove) were assailed by the transferee before this Court by filing Writ Petition No.41310/10. The said writ petition came to be dismissed on 10.01.2011. The instant writ appeal, has been preferred by the appellant so as to assail the order passed by the learned Single Judge dated 10.01.2011 whereby, the Writ Petition No.41310/10 assailing the orders passed
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.