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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
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 acres was granted to V Lakshmamma, property bearing Sy.No.995(old) and 597B/1/B2/2 (new) measuring 3.9 acres was granted to V Nagappa and property bearing Sy.No.995(old) and 597B/1/B2/1(new) measuring 2.4 acres was granted to V Parvatamma, and property Sy.No.994(Old) and 597B/1/B2/4 (new) measuring 2.2 acres was granted to V Venkatheshulu. All these grants were made on 20.05.1960
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....
Civil Courts lack jurisdiction to examine the validity of land transfers affected by the Karnataka SC/ST (PTCL) Act, which is exclusively within the purview of the Assistant Commissioner.
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....
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