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SACHIN SHANKAR MAGADUM
Venkatesh, S/o. Late Krishna – Appellant
Versus
State of Karnataka by the Secretary to Government, Revenue Department – Respondent
ORDER :
The captioned writ petition is filed by the legal heirs of the original grantee seeking a writ in the nature of mandamus to the respondents to forthwith restore peaceful vacant possession of the schedule property in terms of the order dated 25.7.1986 passed by respondent No.3 in No.KSC:ST:122 to 132/79-80 as per Annexure-B.
2. The facts leading to the case are as under:
The father of the petitioners namely Krishna belonged scheduled caste. The authorities granted petition land to the petitioners' father under Rule 43(G) of the Mysuru Land Revenue Rules. The upset price of the land was fixed at Rs.300/-per acre and the land was granted by waiving price of Rs.200/-per acre. On similar terms, one acre land each was granted to twenty other persons belonging to Scheduled Caste.
3. The original grantee during his life time sold the land in favour of respondent No.4. After coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act") proceedings were initiated under Section 5 of the said Act against the father of respondent No.4-Bhoomi Reddy in respect of all ten piece of lands which were subject m
Point of law: Conclusion reached in such a case as to the validity of the levy would apply not only to the parties before the Court but the same has to be extended to other cases where similar issue ....
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....
A suit for declaration of ownership without possession is maintainable under special statutes prohibiting land transfer to protect rights of original grantees, particularly for Scheduled Caste/Schedu....
Applications for restoration of land under the Act must be made within a reasonable time; unreasonable delay can bar relief despite the absence of a statutory limitation.
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