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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
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 of respondent No.5. This fact is not in dispute. On 10.09.1964, grandfather of respondent No.5, the original grantee expired leaving behind his adopted son Nagappa. On 19.05.1966, Nagappa, the father of respondent No.5 sold the property to one Abdul Sattar Sheikh Hussain Tilavalli under the registered sale deed and on 26.05.1970. Said Abdul Shattar sold the property to Ramakant Vitobarao Balse under the registered sale deed. Ramakant Vitobarao Balse sold the
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....
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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