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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.S. SANJAY GOWDA
Mayura Sreeram W/o Late Dr. Sree Ramasetty – Appellant
Versus
Deputy Commissioner, Bangalore – Respondent
ORDER :
1. For ease of reference, this order has been indexed as follows:
| S. No. | Particulars | Page |
| I. | Facts in the Instant Petitions & Details of the Grant(s) | 8 |
| II. | Issues for Consideration | 10 |
| III. | Interpretation of the Mysore Land Revenue Code, 1988 & Rules | 11 |
| IV. | Interpretation of the Karnataka Land Revenue Act, 1964 & the Karnataka Land Grant Rules, 1969 | 20 |
| V. | Interpretation of The Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act, 1978 | 26 |
| VI. | Citations Produced and Considered | 49 |
| VII. | Application of the Above Interpretation to the Present Case & Conclusion | 62 |
I. Facts in the Instant Petitions & Details of the Grant(s):
2. The facts necessary for disposal of these petitions are as follows.
3. These cases involve grant of land to persons belonging to scheduled caste which were granted prior to the enactment of Act No.1 of 1979 and also after Act No.1 of 1979 was enacted.
4. In all these cases, alienations had been done beyond the period of alienation prescribed under the terms of the grant. However, these alienations were made after Act No.1 of 1979 was brought into force without securing permission from the Government as contemplated under Section 4 (2) of the Karn
Government permission for alienation of granted lands is only required during the specified non-alienation period; after this period, no permission is necessary for valid alienation.
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....
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 : 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.
A grantee cannot file a second application for land resumption after a prior rejection, as it violates principles of estoppel and res judicata.
Transactions of land are valid if conducted after the non-alienation clause expiry, provided they comply with original grant conditions.
Power of attorney registered by the original grantee in favour of the 5th respondent is hit by the provisions of the Act. Section 4(2) would definitely apply even in a case of Power of attorney, sinc....
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