2026 Supreme(Online)(Kar) 27880

THE HIGH COURT OF KARNATAKA
R DEVDAS
SMT ANASUYA – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WP 10992/2024

Headnote:(A) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Sections 4 and 5 - Transfer of granted lands - Prior permission of Government under Section 4(2) is mandatory even after expiry of non-alienation period - Government Circular dated 02.08.1999 - Power of Tahsildar to issue No Objection Certificate - A Circular cannot override statutory provisions - A No Objection Certificate from the Tahsildar is not equivalent to prior permission of the Government - Transfer of granted lands without prior permission is void and liable to be cancelled. (Paras 12, 16, 20)

(B) Karnataka Land Grant Rules, 1969 - Rule 9 - Conditions of grant - Prior permission of Government under Section 4(2) of the PTCL Act is sine qua non before a grantee can transfer granted lands, irrespective of the period of non-alienation having expired. (Paras 20)

(C) Transfer of Property Act, 1882 - General Power of Attorney - Execution of a General Power of Attorney by a grantee for transfer of granted lands attracts the provisions of the PTCL Act - Upon the death of the grantor, the power of attorney ceases to exist; any sale deed executed by the power of attorney holder thereafter is void and confers no title. (Paras 16)

Facts of the case:
The petitioner, a legal heir of the original grantee, challenged the order of the Deputy Commissioner which set aside the Assistant Commissioner's order cancelling sale deeds. The Assistant Commissioner had held that sale deeds were executed without obtaining prior permission of the Government under Section 4(2) of the PTCL Act. The Deputy Commissioner accepted the contention that a No Objection Certificate issued by the Tahsildar in terms of a Government Circular sufficed. The original grantee died in 2002, and subsequent sale deeds were executed by the power of attorney holder in 2004.

Findings of Court:
The Deputy Commissioner's order was quashed and the Assistant Commissioner's order was confirmed. The Court held that the No Objection Certificate issued by the Tahsildar cannot be equated to prior permission of the Government as mandated by Section 4(2) of the PTCL Act. The Government Circular cannot override the statutory provision. The execution of a General Power of Attorney for transfer of granted land attracts the PTCL Act. Upon the death of the original grantee, the power of attorney ceases, and subsequent sale deeds executed by the power of attorney holder are void and confer no title. All subsequent transactions based on such void sale deeds are also void.

Issues: The main issues were whether the mandate of obtaining prior permission under Section 4(2) of the PTCL Act is attracted even after the period of non-alienation has expired, and whether a No Objection Certificate from the Tahsildar can substitute for such prior permission.

Ratio Decidendi: The court ruled that the provision under Section 4(2) of the PTCL Act is unambiguous and does not entertain any ambiguity. The requirement of prior permission of the Government is sine qua non before a grantee can transfer granted lands, even after the period of non-alienation has expired. An No Objection Certificate issued by a Tahsildar based on a Government Circular does not satisfy this statutory requirement.

Result: Writ petition allowed. The impugned order of the Deputy Commissioner was quashed and set aside. The directions of the Assistant Commissioner for resumption and restoration of lands in favour of the legal heirs of the original grantee were to be complied with within three months. Parties involved: The petitioner was a legal heir of the original grantee. The respondents included the Deputy Commissioner, numerous purchasers of the property, and revenue authorities. Dissenting opinions or alternative viewpoints: None present. The court rejected alternative viewpoints that the co-ordinate bench decision in Mrs.Mayura Sreeram case should apply, noting it lacked proper challenge to the statutory provisions, and that the principles in Mohammed Jaffar case were inapplicable as the land was granted under the Karnataka Land Grant Rules.", "main_legal_point": "Prior permission of the Government under Section 4(2) of the Karnataka SC/ST (PTCL) Act is mandatory for any transfer of granted lands, even after the non-alienation period expires. A circular cannot override this statutory requirement.", "category": "Constitutional and Administrative Law", "sub_category": "Writ Jurisdiction (Articles 226 & 227)", "keywords": [ "granted lands", "prior permission", "non-alienation period", "Government Circular", "No Objection Certificate", "power of attorney", "transfer of property", "social welfare legislation", "resumption and restoration", "statutory interpretation" ] }