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NC: 2024:KHC:29381 proceeding before the Assistant Commissioner under Section 5 of the Karnataka Schedule Caste and Schedule Tribes (prohibition of transfer of certain lands) Act, 1978 (hereinafter referred as PTCL Act) contending that respondent No.6 had been granted an extent of 1 acre of 25 guntas in Sy. No.79, Block No.15 of Machohalli village, Dasanapura Hobli, Bangalore North Taluk, and that he received a notice from respondents No.3 to 5 therein i.e., petitioners- respondents No.4 and 5 herein that an award dated 01.03.1997 had been passed in Dispute No.908/1993-94 and in pursuance of the said award the land of respondent No.6 was proposed to be auctioned by way of public auction.

6. The Assistant Commissioner after hearing the matter came to a conclusion that the Society-respondent No.3 herein had not acquired any right and title over the land in question under a mere agreement of sale, the agreement itself is in violation of the provisions of Section 4(2) of PTCL Act. The grantee had not

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NC: 2024:KHC:29381 mortgaged the property with the petitioner-Bank. The Society not having acquired any right, title and interest over the land in question had unilaterally mortgaged the land in favour of the Bank and as such the award cannot be binding on respondent No.6. and in those circumstances, all the encumbrance in respect of the land in question were discharged and the land restored to the grantee.

10.3. His further contention by referring to Section 7 of PTCL Act is that the transfer of granted land in favour of the Government, Central Government, Local Authority and or a Bank either before or after the commencement of the Act, is exempted.

10.4. His submission is that Section 7 of the PTCL Act, is in furtherance of Subsection (3) of Section 4 of PTCL Act, as such, if a Bank from whom loans were to be obtained, the same being defaulted with the Bank would have all authority to proceed against the property even if it is a granted land coming under PTCL Act. 10.5. The Registrar of Co-operative Societies vide order dated 27.03.2008 had permitted the Bank to recover the loans from the persons who had entered into an agreement of sale with the

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NC: 2024:KHC:29381 12.2. Even this agreement of sale has been executed within the period of prohibition of 15 years, which cannot also be cured by obtaining permission of the Deputy Commissioner. As such, on the basis of records she submits that no transaction could have been legally entered into for the Bank to claim any interest. 12.3. She relies upon Section 11 of PTCL Act to contend that the PTCL Act overrides the KCS Act, and any award passed under the KSCS Act, would have to comply with and be in conformity with PTCL Act.