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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
Gangahanumakka, W/o. Late Narasaiah – Appellant
Versus
State Of Karnataka, rep. By Principal Secretary, Revenue Department – Respondent
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
This appeal is filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 20.06.2023 passed by the learned Single Judge in W.P.No.20602/2021 (SC/ST).
2. The brief facts leading to filing of the appeal are that the land bearing old Sy.No.13, new Sy.No.71, measuring 2 acres situated at Bommanahalli Village, Kasaba Hobli, Bangalore Rural District, was granted by the State Government on 15.01.1979 in favour of late Sri.Narasaiah, husband of the appellant No.1 and the father of the appellant Nos.2 and 3 as they belong to Scheduled Caste. The saguvali chit was issued on 30.07.1980. The grantee-late Narasaiah, along with his wife executed a sale deed dated 04.09.1985 to the extent of 1 acre 20 guntas in favour of N.S.Gangadhar. The grantee initiated proceedings under Section 5 of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act') which came to be allowed. The Deputy Commissioner further upheld the appeal and restored the land in favour of the grantee. Later, the said purchaser got executed a sale deed from the grantee for 1 acre of l
The land granted to a Scheduled Caste individual and subsequently sold is not subject to restrictions under the Karnataka Scheduled Caste and ST Act if it was purchased in a public auction.
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.
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