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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.Indiresh
B. Muthyam Reddy, S/o B. Manohar Reddy – Appellant
Versus
State Of Karnataka Represented By Its Principal Secretary Department Of Revenue – Respondent
| Table of Content |
|---|
| 1. ownership and transfer of land rights. (Para 1) |
| 2. ownership and sales history of land. (Para 2 , 3) |
| 3. previous judgments invalidate current proceedings. (Para 5 , 8) |
| 4. justifications for impugned proceedings. (Para 6 , 7) |
| 5. writ petition allowed; proceedings quashed. (Para 9) |
ORDER :
E.S. Indiresh, J.
1. In this writ petition, petitioners are assailing the proceedings in K.SC.ST.No.44/2024 on the file of respondent No.2 (Annexure-A), in so far as the petitioners herein are concerned.
2. The facts in nutshell as averred in the writ petition are that, the land bearing Sy.No.7/1 of Thuberahalli Village, Varthur Hobli, Bangalore East Taluk, to an extent of 2 acres was owned by one Sri. Neeragante Miyappa. The said Sri. Neeragante Miyappa has sold said 2 acres in favour of one Sri. Chinnappa, as per the registered Sale Deed dated 04.03.1966. Thereafter, the said Chinnappa has sold an extent of 1 acre (out of 2 acres) in favour of one Smt. Sampattamma, as per registered Sale Deed dated 14.10.1968. The said Sampattamma, as per registered Sale Deed dated 17.03.1975, sold the same in favour of one Smt. Aleyamma Koshy. The said Aleyamma Koshi, died on 08.01.2001, leaving behin
Proceedings under PTCL Act are barred by prior judgments establishing the lack of maintainability based on res judicata.
Once land is converted for non-agricultural use, it loses its status as granted land under the PTCL Act, and proceedings to resume such land are not maintainable.
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.
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.
Revenue authorities lack jurisdiction to decide on disputed heirship, which must be resolved in civil courts following the provisions of the PTCL Act.
Family transactions involving partitions do not violate the PTCL Act, but outside transactions without government approval are invalid.
The plaintiff must prove ownership and interference with findings of fact by the High Court is limited under Sec. 100 of CPC.
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