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1 - 10 of 10 (0.23 seconds)Section 5 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Section 4 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Nekkanti Rama Lakshmi vs State Of Karnataka on 26 October, 2017
NC: 2023:KHC:21501
WP No. 42648 of 2018
Commissioner is patently erroneous and suffers from
serious perversity. The respondent No.2 - Assistant
Commissioner has very casually and mechanically
exercised jurisdiction and has entertained petition, which
is filed after gross delay of 48 years. Respondent No.2 -
Deputy Commissioner has rightly reversed the order.
Respondent No.2 - Deputy Commissioner has followed the
principles laid down by the Hon'ble Apex Court in the case
of Nekkanti Rama Lakshmi vs. State of Karnataka
and another (cited supra). The order of respondent
No.1 - Deputy Commissioner is strictly in consonance with
the principles laid down by the Hon'ble Apex Court in the
judgments cited supra.
Sri.Ningappa Hanamappa Hebsur vs The Deputy Commissioner on 28 July, 2020
3. The Apex Court in the case of Nekkanti Rama
Lakshmi, while interpreting Section 5 of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short "PTCL
Act") had an occasion to examine the point of limitation
wherein interested person can file appropriate application
seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
down in Chhedi Lal Yadav vs. Hari Kishore Yadav3 and
also in the case of Ningappa vs. Deputy Commissioner
and others4 has held that where Statute did not prescribe
the period of limitation, the provisions of the Statute must
be invoked within a reasonable time. The Apex Court was
of the view that the authorities have to give due regard to
the period of time within which action has to be taken by
the interested person. The Apex Court was of the view
that it is well within the discretion of the competent
authorities not to annul the alienations where there is
3
(2018) 12 SCC 527
4
(2020) 14 SCC 236
-5-
NC: 2023:KHC:21501
WP No. 42648 of 2018
inordinate delay in initiating action by the interested
persons under Sections 4 and 5 of the PTCL Act. The co-
ordinate Bench of this Court in W.P.No.50446/2012
disposed of on 24.1.2020 declined to entertain the
application filed by the original grantee where there was a
delay of ten years. This Court was of the view that the
application itself was not maintainable since the same was
not filed within a reasonable time.
B.K. Muniraju vs State Of Karnataka & Ors on 15 February, 2008
11. The controversy as to whether the document
styled as Certificate of grant would automatically fall under
the category of granted land for depressed classes is dealt
by the Hon'ble Apex Court in the case of B.K.Muniraju
vs. State of Karnataka5. The Hon'ble Apex Court, while
dealing with the said controversy and upholding the
judgment of the High Court, held that, mainly because a
document is styled as a certificate of grant, that in itself
will not lead to an inference that the grant was intended
for a depressed class. The Hon'ble Apex Court in the case
of B.K.Muniraju held as under:
Article 227 in Constitution of India [Constitution]
Vivek M.Hinduja &Amp Ors. vs M.Ashwatha . on 6 December, 2017
2. Before I advert to the facts of the present case,
it would be useful to refer to the judgments rendered by
the Apex Court on this issue in Nekkanti Rama Lakshmi
vs. State of Karnataka and another1 and Vivek M.
Hinduja vs. M. Aswatha2. It would be also useful to
refer to the judgment rendered by a Co-Ordinate Bench of
this Court in W.P.No.50446 of 2012, which was confirmed
by the Division Bench in W.A.No.16/2021 disposed of on
05.04.2021.
Chhedi Lal Yadav vs Hari Kishore Yadav (D) Thr. Lrs. & Ors. on 19 April, 2017
3. The Apex Court in the case of Nekkanti Rama
Lakshmi, while interpreting Section 5 of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short "PTCL
Act") had an occasion to examine the point of limitation
wherein interested person can file appropriate application
seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
down in Chhedi Lal Yadav vs. Hari Kishore Yadav3 and
also in the case of Ningappa vs. Deputy Commissioner
and others4 has held that where Statute did not prescribe
the period of limitation, the provisions of the Statute must
be invoked within a reasonable time. The Apex Court was
of the view that the authorities have to give due regard to
the period of time within which action has to be taken by
the interested person. The Apex Court was of the view
that it is well within the discretion of the competent
authorities not to annul the alienations where there is
3
(2018) 12 SCC 527
4
(2020) 14 SCC 236
-5-
NC: 2023:KHC:21501
WP No. 42648 of 2018
inordinate delay in initiating action by the interested
persons under Sections 4 and 5 of the PTCL Act. The co-
ordinate Bench of this Court in W.P.No.50446/2012
disposed of on 24.1.2020 declined to entertain the
application filed by the original grantee where there was a
delay of ten years. This Court was of the view that the
application itself was not maintainable since the same was
not filed within a reasonable time.
Article 226 in Constitution of India [Constitution]
1