AI Overview...
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Gomal Land Rights and Sale Restrictions - Gomal land, governed by Section 71 of the relevant Act and Rule 97, is typically granted for specific public or institutional purposes. Such land cannot be freely sold or transferred without adhering to statutory provisions and restrictions. The land remains under government control and is meant for public or institutional use, not private sale HOLEYAPPA VS STATE OF KARNATAKA - Karnataka.
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Grant to Educational Institutions and Subsequent Sale - When gomal land is granted to an educational institution, the purpose is for construction or institutional use. Sale or transfer of such land by the grantee for profit or private gains is generally prohibited, unless explicitly permitted by law. Unauthorized sale or transfer can lead to legal disputes, and authorities may seek to cancel such transactions if they violate the original purpose H. M. Manjappa VS State of Karnataka - Karnataka, H. M. Manjappa VS State of Karnataka Rep by its principal secretary - Karnataka.
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Legal Restrictions on Sale and Transfer - Courts have held that sale or transfer of gomal land without proper authorization is invalid. For instance, in cases where land was sold to private parties without following statutory procedures, the sale was deemed invalid, and the land remained under government or public domain H. M. Manjappa VS State of Karnataka - Karnataka.
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Court Interventions and Injunctions - Courts have issued injunctions restraining parties from selling or transferring gomal land during ongoing disputes or legal proceedings. Such measures aim to prevent illegal alienation and protect public interest. For example, in a case involving a land dispute, the court restrained the defendant from selling the land pending resolution Nemchand Bothra VS State of Rajasthan - Rajasthan.
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Ownership and Possession Issues - The transfer of gomal land requires clear proof of lawful ownership and possession. Courts have dismissed suits where plaintiffs failed to establish lawful possession or ownership, especially when the land is government gomala land. Unauthorized possession or sale can be challenged and annulled SRI KANTHARAJU v/s YOGESH - Karnataka.
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Public Interest and Land Earmarking - Land designated for public use, such as bus stands, cannot be sold or leased out to private entities if it compromises public interest. Courts emphasize maintaining the earmarked land for its intended purpose and prevent privatization that causes prejudice to public welfare Subas Singh VS State of Orissa - Orissa.
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Summary and Conclusion - Generally, land granted as gomal land is subject to restrictions on sale and transfer, especially when intended for public or institutional use. Such land cannot be freely sold by the grantee without complying with statutory procedures. Unauthorized sale or transfer is often invalid and subject to legal challenge. Courts tend to uphold restrictions to protect public interest and ensure the land is used for its designated purpose HOLEYAPPA VS STATE OF KARNATAKA - Karnataka, H. M. Manjappa VS State of Karnataka - Karnataka, Nemchand Bothra VS State of Rajasthan - Rajasthan, SRI KANTHARAJU v/s YOGESH - Karnataka.
References: - HOLEYAPPA VS STATE OF KARNATAKA - Karnataka - H. M. Manjappa VS State of Karnataka - Karnataka - H. M. Manjappa VS State of Karnataka Rep by its principal secretary - Karnataka - Nemchand Bothra VS State of Rajasthan - Rajasthan - SRI KANTHARAJU v/s YOGESH - Karnataka - Subas Singh VS State of Orissa - Orissa
Search Results for "Gomala Land is been Granted in Favour of an Person can he Sell"
2005 0 Supreme(Kar) 579 • India - Karnataka
D.V.SHYLENDRA KUMAR
Shylendra Kumar, J]: A writ of mandamus is sought for by the person claiming to be in unauthorized cultivation of gomal land, which ... Shylendra Kumar, J]: A writ of mandamus is sought for by the person claiming to be in unauthorized cultivation of gomal land, which ... As noticed, the land in question undisputed is a gomal land governed by the provisions of Section 71 of the Act and Rule 97 also ... Certain lands not to be #HL_STA....
2011 0 Supreme(Kar) 483 • India - Karnataka
D.V.SHYLENDRA KUMAR
Shylendra Kumar, J] Originally land was a Gomal land granted in favour of an Educational Institution - The land was never put to ... of private persons, for making gains by private persons trading in the granted land. ... the use for which it was granted and sold at a considerable profit in favour of respondents 5 to 8 - The State Government wants to ... Subject matter, 3 acres o....
2011 0 Supreme(Kar) 481 • India - Karnataka
D.V.SHYLENDRA KUMAR
Shylendra Kumar, J] Grant of gomal land to educational institution for construction of its buildings - Such land sold by the grantee ... the concerned authorities for distribution of shelter to needy persons without transfer of ownership rights. ... KARNATAKA LAND REVENUE ACT, 1964 - Section 69: [D.V. ... Subject matter, 3 acres of land in Sy.No.213 of Avaragere Village, Davangere Taluk and District which was without dispute a gomal land#HL....
2014 0 Supreme(Raj) 1047 • India - Rajasthan
PRASHANT KUMAR AGARWAL
per the FSL report were not presented at the time of bail – It has been held that there is no fixed rule which states that the person ... Case No. 11/2013 has allowed the application for grant of temporary injunction in favour of the respondent-accused-Shri Vijay Kumar and the complainant has been restrained not to sell or otherwise transfer the land in dispute during the pendency of the suit, which fact also an indication of the fact ... Although, right was granted to the complainant to move for cancel....
1971 0 Supreme(AP) 81 • India - Andhra Pradesh
NARASIMHAM, PARTHASARATHI, VAIDYA
The 2nd respondent obtained the patta ; but instead of executing a sale deed in favour of the appellant , executed it in favour of ... further averred that the Ist respondent purchased the suit property from the 2nd respondent having notice of the agreement of sale in favour ... The object of the agreement being to well the land after the 2nd respondent becomes entitled to sell it, it cannot be said that the ... patta in his favour. ... had already expired, relief was granted....
2024 Supreme(Online)(KAR) 36611 • India - High Court of Karnataka
MR. JUSTICE VIJAYKUMAR A. PATIL, J
The trial Court found the land to be Government gomala land and dismissed the suit for lack of evidence of lawful possession. ... permanent injunction dismissed - Plaintiff failed to prove lawful ownership and possession of the suit property, which is Government gomala ... land - The trial Court found no merit in the plaintiff's claim and dismissed the suit. ... available on record with regard to the lawful possession of the plaintiff over the suit schedule property, no relief of permanent injunction ca....
2013 0 Supreme(P&H) 1066 • India - Punjab and Haryana
SURYA KANT, SURINDER GUPTA
behind the 1975 Act--Builder was never ‘owner’ of the land within meaning of 1975 Act--Licence granted pertaining to acquired land ... thereby, licence was granted when builder did not own even one inch of land--Issuance of licence was a fraud played on the policy ... is null and void having no existence in eyes to law--Notification quashed--Certain direction issued regarding relief granted. ... Section 2[k] defines the expression ‘owner’ to include a person in whose ....
1956 0 Supreme(Ker) 52 • India - Kerala
KOSHI, NANDANA MENON
Final Decision: The second appeal was dismissed with costs in favor of the plaintiffs. Fact of the Case: The case involved a dispute over the validity of a lease renewal executed by a mukthyar agent in favor ... If defendant 2 could not after the agreement effect a gratuitous transfer, to wit a renewal, so as to affect the interest of the person in whose favour the agreement stood, or if defendant 5 exceeded his authority, we fail to see how the plaintiffs' knowledge of the renewal prior to the sale deeds would ... The....
2012 0 Supreme(Ori) 374 • India - Orissa
V.GOPALA GOWDA, B.N.MAHAPATRA
On the other hand, the extent of land earmarked for bus stand is not increasing rather the same remains constant. ... PUBLIC INTEREST LITIGATION - leasing out the land, building and other infrastructure of Badambadi Bus Stand, Cuttack - Constitutional ... Therefore, the land already earmarked for bus stand should not be sold or leased out to any private party causing prejudice to the ... After deposit of the initial money, possession of the land was handed over to RRL and the land at Cuttack measuring A....
2014 0 Supreme(Guj) 27 • India - Gujarat
RAVI R.TRIPATHI, MOHINDER PAL
original land owners — Besides it is a settled Law that a person who purchases land as in the case after publication of a Section ... [Para 11] ... This Court categorically held that, a person who purchases ... Para 9] ... The issue of maintainability of the writ petitions by the person ... Hence the interim relief granted earlier is not extended and is hereby vacated. ... Therefore, in the prayer clause, where it was stated, “in favour of Defendant No. 1”, is change....
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