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1 - 10 of 10 (0.22 seconds)Section 4 in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978
Section 5A in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [Entire Act]
Article 226 in Constitution of India [Constitution]
Nekkanti Rama Lakshmi vs State Of Karnataka on 26 October, 2017
6. It is not in dispute that the land in question measuring 2
acres was originally granted in favour of one Chikkaeerappa.
The same is evident from saguvali chit extract vide Annexure-B
dated 07.12.1954. The original grantee in turn sold the land in
favour of one Balakrishna in the year 1961, who in turn sold the
land to one Chikkamuniyappa in the year 1963 and the said
Chikkamuniyappa in turn sold the land in favour of Varghese in
the year 2004. Varghese has formed a layout and sold the sites
in favour of respondents 4 to 40. The PTCL Act came into force
on 01.01.1979., the application filed by the legal representatives
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of the original grantee under Sections 4 and 5 of the PTCL Act
before the Assistant Commissioner is in the year 2006 and there
is a delay of 26 years in filing the application for resumption of
land. The Apex Court in the case of NEKKANTI RAMA
LAKSHMI (supra) has held as hereinbelow:
Article 227 in Constitution of India [Constitution]
Chhedi Lal Yadav(D) Thr. Lr. And Ors. vs Hari Kishore Yadav (D) Thr. Lrs. And Ors. on 12 September, 2017
"8. However, the question that arises is with regard
to terms of Section 5 of the Act which enables any
interested person to make an application for having
the transfer annulled as void under Section 4 of the
Act. This Section does not prescribe any
period within which such an application can be made.
Neither does it prescribe the period within which suo
motu action may be taken. This Court in the case of
Chhedi Lal Yadav & Ors. vs. Hari Kishore Yadav (D)
Thr. Lrs.
Jotiba Ningappa Patil vs The Competent Authority, Belgaum Urban ... on 26 May, 1998
& Ors., 2017(6) SCALE 459 and also in the
case of Ningappa vs. Dy. Commissioner & Ors. (C.A.
No. 3131 of 2007, decided on 14.07.2011) reiterated
a settled position in law that whether Statute
provided for a period of limitation, provisions of the
Statute must be invoked within a reasonable time. It
is held that action whether on an application of the
parties, or suo motu, must be taken within a
reasonable time. That action arose under the
provisions of a similar Act which provided for
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restoration of certain lands to farmers which were
sold for arrears of rent or from which they were
ejected for arrears of land from 1st January, 1939 to
31st December, 1950. This relief was granted to the
farmers due to flood in the Kosi River which make
agricultural operations impossible. An application for
restoration was made after 24 years and was
allowed. It is in that background that this Court
upheld that it was unreasonable to do so. We have
no hesitation in upholding that the present
application for restoration of land made by
respondent-Rajappa was made after an
unreasonably long period and was liable to be
dismissed on that ground.
R. Rudrappa vs Deputy Commissioner, Chitradurga ... on 4 November, 1998
Accordingly, the
judgments of the Karnataka High Court, namely, R.
Rudrappa vs. Deputy Commissioner, 2000 (1)
Karnataka Law Journal, 523, Maddurappa vs. State
of Karnataka, 2006 (4) Karnataka Law Journal, 303
and G. Maregouda vs. The Deputy Commissioner,
Chitradurga District, Chitradurga and Ors, 2000(2)
Kr. L.J.Sh. N.4B holding that there is no limitation
provided by Section 5 of the Act and, therefore, an
application can be made at any time, are overruled.
Order accordingly."
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