Tribe(Prohibition of Transfer of certain
lands)Act, 1978 (for short " PTCL Act "). Consequently, the
recommendation dated 3.4.2024 made by respondent ... light of the provisions of Section 4(2) of the
PTCL Act and the judgment rendered by this Court in
W.P.No.23074/2024
Tribes (Prohibition of Transfer of
Certain Lands) Act, 1978 (for short ' PTCL Act ),
asserting that the land was granted land and the sale ... sale deeds
have been in violation of provisions of the PTCL Act
came to be instituted in the year 2011-2012.
5. It must
Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978 (' PTCL Act ' for short)
as well as the order of the Deputy Commissioner ... sell the property in terms of Section 4(2) of
the PTCL Act and the State Government sent a
communication dated 24.01.2006 to the Deputy
Tribes (Prohibition of Transfer of Certain Lands)
Act, 1978 (for short ' PTCL Act ') does not impose any
restriction to mortgage the property ... cannot be held that
the said PTCL Act imposes a restriction on realization
Tahsildar
pursuant to the orders passed by the Assistant
Commissioner in PTCL No.86/1979-80 dated 02.07.1982
under the provisions of Section ... PTCL Act ', for short.) That being the position,
the Assistant Commissioner rejected the appeal. There
were some typographical errors in the order passed
ORIGINAL GRANTEE. THE ORDER
PASSED BY THE RESPONDENT NO.3 IN PTCL.CR 2/2017-18 DATED
15-4-2021 AND THE ORDER PASSED ... PTCL.CR 4
9/2021 DT.15-9-2022 VIDE ANNEXURE-E, HAVE TO BE QUASHED
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER BEARING
NO.SANKE.KAM/PTCL/08/2021-22/5551 DINANK.21.10.2022 PASSED
BY THE RESPONDENT ... Transfer of Certain Lands) Act, 1978 (hereinafter referred
to as ' PTCL Act ' for short), passed order as per Annexure-
D and directed respondent
Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978 (for short ' PTCL Act ').
The grounds relating to violation of the provisions ... PTCL Act ' cannot be looked into in the mutation
proceedings.
3. Upon hearing the submissions of both learned
counsel, it is fairly admitted that
Petitioner's father filed an
application under Section 5 of the PTCL Act before
respondent No.3 for restoration of granted land.
Respondent ... similar application on the same ground
under Section 5 of the PTCL Act before respondent No.3.
Respondent No.3 rejected the said application vide
Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein ... seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
down in Chhedi
