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Sri K C Yogesh vs State Of Karnataka on 22 June, 2012 cites

O. Dyamappa vs Apanna Bhovi And Ors. on 20 March, 1997

In O.Dyamappa v. Appanna Bhovi and others (1997 (3) KLJ 683) in paragraph-15 of the -: 16 :- judgment, the Division Bench has affirmed the view of a Single Bench in Siddoji Rao vs. State of Karnataka and Others (1983(1) Kar L.J. 478) to the effect that an order of the Land Tribunal stands overridden by the provisions of the PTCL Act. In the case of Siddoji Rao, a member of the scheduled caste was granted land with a stipulation that he should not alienate for 15 years but in violation of the same, he sold the land to a person who in turn leased the land to the petitioner therein. The said petitioner had obtained the occupancy rights under the Land Reforms Act by establishing that he was a tenant as on 01.03.1974. The grantee, on the enforcement the PTCL Act made an application before the Assistant Commissioner seeking resumption and restoration of the granted land on the ground that the alienation made by him was void, which application was allowed and restoration of possession was ordered. The said order was assailed by the tenant. In those circumstances, this Court held that, Sections 4 and 11 give a overriding effect to the -: 17 :- PTCL Act and the order of the Land Tribunal not withstanding that, the Assistant Commissioner was right in declining the sale void and restored the possession to the grantee. The said position is squarely applicable to the present case.
Karnataka High Court Cites 12 - Cited by 7 - Full Document
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