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SURAJ GOVINDARAJ
Basavarajappa, S/o. Late Chandrappa, Dead By His Lrs, Smt. Renukamma, (W/o. Late G. C. Basavarajappa) – Appellant
Versus
Deputy Commissioner, Davanagere Dist, Davanagere – Respondent
ORDER :
Suraj Govindaraj, J.
1. The petitioner is before this Court seeking for the following reliefs :
Pass any other order as this Hon'ble Court deems fit in the facts and circumstances of the case including an order as to costs in the interest of justice and equity.
2. The original petitioner is the son of one Chandrappa. After the petitioner's expiry, his legal representatives are brought on record.
3. The contention of the original petitioner was that 6 acres of dry land in Sy.No.26 of Mangenahalli, Channagiri Taluk, Davanagere District was granted in favour of his father Chandrappa vide order bearing No.261/60-61/Darkast/ 30/60-61 and the Saguvali Chit was issued on 26.11.1963, with a condition that the land cannot be alienated for a period of 15 years. However, Chandrappa sold 3 acres of land in favour of Duggamma, i.e., respondent No.5 herein and another 3 acres of land in favour of Lakkamma on 19.10.1964. Thus, alienating the entire property granted to them.
4. The grantee Chandrappa had filed an application for setting aside the sale
A grantee cannot file a second application for land resumption after a prior rejection, as it violates principles of estoppel and res judicata.
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.
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....
Point of law : Doctrine of reasonable period is not to punish the grantee who has negiected to assert his right but the same is propagated to protect those transferees who have maintained the possess....
Point of Law : Powers under Article 227 of the Constitution of India to interfere with a finding within the jurisdiction of inferior tribunal except where the findings are perverse and not based on a....
Point of law: Re-opening of case - Mainly because there is change in the position of law by virtue of decisions rendered by this Court or by the Hon'ble Apex Court, the cases which have attained fina....
The challenge to the permission under Section 54 of the Ordinance paled into insignificance as the sale deed was already executed and challenged before the Civil Court, and the authorities were not o....
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