QUASH THE ORDER
DTD 10.08.2022 PASSED BY THE R2 IN CASE NO.PTCL 15/2019
VIDE ANNEXURE-D TO THE WRIT PETITION CONFIRMING THE
ORDER ... PASSED BY THE R3 IN CASE NO.PTCL
SR 6/2016-17 PRODUCED AS ANNEXURE-B TO THE WRIT
PETITION AND CONSEQUENTLY ALLOW THE APPEAL
Prohibition of Transfer
of Certain Lands) Act, 1978 (for short 'the PTCL Act ') with
regard to Sy. No.129/1 measuring 16½ guntas ... made was hit by
the provisions contained under Section 6 of the PTCL Act.
3. The Assistant Commissioner passed an order dated
29.06.2011 allowing
Karnataka Scheduled Caste and
Scheduled Tribe (Transfer of Certain Lands) Act, 1978 (PTCL Act ) defines
`transfer' as follows:
"3(e) Transfer: means ... lose legal efficacy merely by reason of the coming into force
of PTCL Act .
4. The Writ Petition was filed after the dismissal in default
Transfer of Certain Lands) Act, 1978 (hereinafter
referred to as ' PTCL Act ' for brevity) for conveying the property.
Respondent No.4 in turn ... writ petition, filed an application, under
5
Section-4 of PTCL Act, before the Respondent No.2 - Assistant
Commissioner, Bengaluru South Sub-Division
Scheduled
Tribes (Prohibition of Transfer of Certain Lands) Act,
1978 (" The PTCL Act ") for the sale of 2 acres ... Agarwal could
not be the subject matter of a proceeding under the
PTCL Act since the Government had accorded
permission under Section
Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978 ("the PTCL Act ")
and were thus null and void, and that they were ... been invoked
only in 2005 i.e., 26 years after the PTCL Act had
come into force and due to this inordinate delay, the
claim
Scheduled Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978 ("the PTCL Act ")
and were thus null and void, and that they were ... been invoked
only in 2005 i.e., 26 years after the PTCL Act had
come into force and due to this inordinate delay, the
claim
Tribes
(Prohibition of Transfer of Certain Lands) Act, 1978 , (for
short " PTCL Act "). Respondent No.3-Assistant
Commissioner in turn, referred the matter ... strangely takes up a suo-
moto enquiry under the provisions of the PTCL Act and
passes an order for restoration in respect of Survey
RECORDS AND ISSUE A WRIT OF CERTIORARI QUASHING
THE ORDER BEARING NO.PTCL/AP-11/2014-15 DATED
19.05.2016 PASSED BY THE RESPONDENT ... CONFIRMING
THE ORDER BEARING NO.PTCL:CR-55:2001 DATED 18.12.2001
PASSED BY THE RESPONDENT NO.2 MARKED AT ANNEXURE-A &
D RESPECTIVELY
Schedule Tribes (Prohibition of Transfer of Certain
Lands) Act, 1978 [' PTCL' Act for short], which was
granted by respondent ... filed
proceedings under Section 5 of the PTCL Act
questioning the legality of the sale dated
14.08.2008, which came to be numbered
