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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ANANT RAMANATH HEGDE
Syed Ahmed, S/o. Thwab Sab – Appellant
Versus
Deputy Commissioner, Ballari – Respondent
| Table of Content |
|---|
| 1. dispute regarding land resumption order. (Para 4 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments on validity of transactions. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis on the nature of transactions. (Para 17 , 18 , 19 , 20 , 21) |
| 4. court's ruling on compliance with ptcl act. (Para 22 , 23) |
| 5. final order and partial allowance of the writ petition. (Para 24) |
ORDER :
ANANT RAMANATH HEGDE, J.
Learned counsel submits that memo for retirement is filed on behalf of respondents 5, 7, 12 and 19.
2. Memo is taken on record.
3. Learned counsel is permitted to retire.
4. This petition is filed assailing the order dated 18.09.2013 passed by the 1st respondent - Deputy Commissioner dismissing the appeal filed by the petitioner and confirming the order dated 22.01.2010 passed by the 2nd respondent - Assistant Commissioner.
5. In terms of the impugned orders, the properties in question were ordered to be resumed in favour of the family members of the original grantee.
6. Learned counsel for the petitioner would submit that the property bearing Sy.No.995B(old) and 597B1/B2a/1A (new) measuring 3 acres 90 cents was granted to late V Mareppa and Sy.No.995(old)597B/1/B2/3 measuring 3.9
Family transactions involving partitions do not violate the PTCL Act, but outside transactions without government approval are invalid.
Transactions of land are valid if conducted after the non-alienation clause expiry, provided they comply with original grant conditions.
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....
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