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R.DEVDAS
K. Narayanappa – Appellant
Versus
Deputy Commissioner, Shimoga District – Respondent
ORDER :
R. Devdas, J.
1. The petitioners who claim to be the legal heirs of the original grantee Sri. Thippanna @ Giddappa are before this Court calling in question the impugned order dated 30.05.2011 passed by the Deputy Commissioner, who has set-aside the order of the Assistant Commissioner dated 13.07.2009, while remanding the matter back for fresh consideration.
2. The brief facts of the case are that 2 acres 8 guntas of land bearing Sy. No. 96/58 of Kanuru Village, Kasaba Hobli, Shikaripura Taluk, Shimoga District was granted under Special Darkhasth Rules on 10.03.1949 in favour of Sri. Thippanna @ Giddappa. Mutation entry in M.R. No. 50/57-58 was made consequent to the grant in the revenue records. Permanent Saguvali Chit dated 14.03.1951 was issued in favour of the grantee. It is the contention of the petitioners that the Grant Certificate contained a non-alienation clause for a period of 20 years. However, the grantee sold the property in favour of Sri. Dodda Goneppa S/o Yellappa under a registered sale deed dated 31.07.1963. Sri. Sri. Dodda Goneppa S/o Yellappa sold the property in favour of Smt. Jaibunnisa W/o Syed Basheer Sab under a registered sale deed dated 05.06.1967.
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....
Validity of land alienation under PTCL Act hinges on evidence of original grant and unreasonable delay in claims affects sustainability.
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.
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