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R. DEVDAS
Muniraju S/o Late Yellappa – Appellant
Versus
State of Karnataka Rep By Its Revenue Secretary – Respondent
ORDER :
This case has a checkered history. On 06.11.1939, 2 acres 4 guntas of land in Sy.No.114 of Ramagondanhalli Village, Varthur Hobli, Bangalore East Taluk was granted by the sub-divisional Officer to Sri Poojiga s/o Yellappa with a condition of non-alienation for a period of 20 years. However, Poojiga sold the granted land in favour of Govindappa s/o Nanjappa on 24.10.1951, before the completion of the non-alienation period. Thereafter the lands changed hands three times, the last of the transactions being on 17.11.1980, when it was purchased by Sri N.Ravikiran and Sri N.Kumar. Sri Poojiga filed an application before the Assistant Commissioner, invoking the provisions of Section 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘the PTCL Act’). By order dated 31.12.1983, the Assistant Commissioner allowed the application while holding that the first sale transaction dated 24.10.1951 was in contravention of the conditions of grant and therefore the said transaction and all subsequent transactions are void. It is contended that the land was restored, physically to Poojiga on 11.09.1985. Sri Poojiga died
Point of law : Special Deputy Commissioner is entitled to go into the merits of the matter including question of delay and laches in filing the application before the Assistant Commissioner.
A grantee cannot file a second application for land resumption after a prior rejection, as it violates principles of estoppel and res judicata.
The central legal point established in the judgment is the strict application of the PTCL Act, particularly regarding the prohibition of transfer of granted land, the binding nature of non-alienation....
The permission to sell granted land under the PTCL Act, 1978 does not require the sale to be made to a specific person, and the grant of permission by the Government suffices the legal requirement.
A person whose claim to land has been extinguished by a legally valid order of forfeiture under the Karnataka Land Reforms Act lacks the necessary locus standi to challenge subsequent administrative ....
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