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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V KAMESWAR RAO - J, T.M.NADAF - J
Late Thimmaraju Since Deceased by His Legal Heirs Smt. Mallamma – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. property inheritance claims and dispositions. (Para 2 , 4 , 5 , 6 , 7) |
| 2. dispute regarding the restoration of land granted to ancestors. (Para 3) |
| 3. legitimacy of claims based on ancestral rights. (Para 8 , 9 , 10 , 11) |
| 4. invocation of ptcl act provisions. (Para 12 , 13 , 14 , 15) |
| 5. civil courts' jurisdiction over disputed facts. (Para 16 , 17 , 18) |
| 6. outcome of appeal against administrative decisions. (Para 19 , 20) |
ORDER :
T.M. NADAF, J.
1. This intra-court appeal is directed against the order dated 19.06.2023, in Writ Petition No.4101/2022 (SC/ST), passed by the learned Single Judge of this Court.
2. Briefly stated facts of the case as found in paragraph Nos.4 to 7 of the order impugned reads as under:
“4. It is not in dispute that one Guruvayya, Sanna Thimmayya and Dodda Thimmayya were granted with lands in Survey No.248 vide order dated 14.4.1956. Survey No.248/1 measuring 9 acres 27 guntas is granted to one Guruvayya, similarly, land bearing survey No.248/2 measuring 9 acres 27 guntas is granted to Sanna Thimmayya and the land bearing Survey No.248/3 measuring 9 acres 27 guntas is granted to one Dodda Thimmayya.
5. Respondents 10 to 13 are tracing their right and
Revenue authorities lack jurisdiction to decide on disputed heirship, which must be resolved in civil courts following the provisions of the PTCL Act.
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: 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 main legal point established in the judgment is the abuse of process of law, malafides, and highhandedness in the resumption and restoration of land, leading to the demolition of structures, and ....
Prohibition of transfer of granted lands - An application under Section 5 of PTCL Act, could be entertained by Assistant Commissioner if he is satisfied that transfer of any granted land is null and ....
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