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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Hamlet, Mr. S.R. Chandak – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. factual background about land ownership and disputes. (Para 1 , 2) |
| 2. court's analysis on authority and compliance with judgments. (Para 3 , 9) |
| 3. petitioners argue against authority to issue notice. (Para 4 , 5 , 6) |
| 4. respondents seek withdrawal of petition. (Para 7 , 8) |
ORDER :
E.S.INDIRESH, J.
In this writ petition, the petitioners are assailing the notice dated 26.08.2024, issued by the respondent No.2, and sought for quashing the proceedings in K.SC.ST.PTCL/YLK-36 of 2024 pending consideration before the respondent No.2 (Annexure-Y and X) respectively, inter-alia sought for direction to the respondent No.2 to restrain from proceeding further in K.SC.ST.PTCL/YLK-36 of 2024 (Annexure-Y and X).
2. Relevant facts for the adjudication of this writ petition are that, the petitioners claim that the land bearing Sy.No. 45, measuring 05 acres, 03 guntas situate at Meenukunte Village, Yalahanka Taluk was partitioned by the children of one late Kondappa. Sri Lacchappa, son of late Kondappa and others had executed Sale Agreement dated 13.03.1996 in favour of the petitioner No.1 in respect of 03 acres, 02 guntas. Similarly, Smt. Muniyamma, wife of late Muniyappa and others had
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Point of law : in case of a diverted land, the requirement of obtaining the permission under Section 4(2) of the Act does not arise as the permission has to be obtained only in respect of 'granted la....
Proceedings under PTCL Act are barred by prior judgments establishing the lack of maintainability based on res judicata.
The prohibition on transferring granted land under the PTCL Act applies indefinitely, requiring prior government permission for any transfer.
Revenue authorities lack jurisdiction to decide on disputed heirship, which must be resolved in civil courts following the provisions of the PTCL Act.
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