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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ANANT RAMANATH HEGDE
K.G. Prafulla W/o Ganesh Narayan Kurdi – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. challenge of sale transaction under act of 1978. (Para 2 , 3 , 4) |
| 2. counsel argues validity of sale post alienation period. (Para 6 , 7 , 9 , 10) |
| 3. history of land grant and alienation conditions. (Para 14 , 16 , 17 , 18 , 19) |
| 4. application of act of 1978 to earlier transactions. (Para 20 , 21 , 22) |
| 5. petitioner's locus standi affirmed despite transaction concerns. (Para 28 , 29 , 32) |
| 6. writ petition is allowed and order quashed. (Para 33) |
ORDER :
1. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for respondents No.1 to 4 as well as learned counsel for respondent No.5.
2. This petition is filed challenging the order dated 07.12.2023 passed by 2nd respondent-Deputy Commissioner. In terms of the impugned order, the Deputy Commissioner has held the sale transaction in respect to the petition property is hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘Act of 1978’).
3. Learned counsel for the petitioner claims that the property in question was originally granted to Bheemanna Kempanna Vaddar in the year 1948-the grandfather o
Transactions of land are valid if conducted after the non-alienation clause expiry, provided they comply with original grant conditions.
Delay in seeking annulment under statutory provisions must be reasonable; innocent purchasers should not suffer due to delay and laches by others.
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....
Proceedings under the Act to annul transfer after alienation prohibition period invalid when initiated by grantee's sons who were parties to the transfer, distinguishing from unaware initiators despi....
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.
Family transactions involving partitions do not violate the PTCL Act, but outside transactions without government approval are invalid.
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.
Inordinate delay in initiating proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 renders the application liable to be dismisse....
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