favour of Respondent No.3 as a
restoration under the PTCL Act , which is incorrect. The
Assistant Commissioner, acting under the provisions of the
Karnataka ... years from the date of grant
and before enactment of the PTCL Act . This contention is
also made by the learned counsel for the appellant
seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
down in Chhedi ... 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
said
sale transaction is in violation of Section 4 of the PTCL Act,
1978 and same is null and void. The respondent No.3
purchased ... PTCL Act vide Act No.30 of 2023. From the perusal of
the amendment to Section 5 of the PTCL Act, it is clear
that
Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") and has ordered for restoration of the granted land ... that the alienations are found to be in
contravention of the PTCL Act .
2. Before I advert to the facts of the present case
Act without
violating the constitutional guarantee. We must,
therefore, read down the provisions of the Act
by holding that the Act will apply to transfers ... Act
must be held to be outside the pale of the
provisions of the Act. Section 4 of the Act must
be so construed
Act without
violating the constitutional guarantee. We must,
therefore, read down the provisions of the Act
by holding that the Act will apply to transfers ... Act
must be held to be outside the pale of the
provisions of the Act. Section 4 of the Act must
be so construed
Karnataka Scheduled Caste and Scheduled Tribes Act
and Prohibition of Transfer of Certain Lands Act, 1978
(PTCL Act ) would be applicable thereto and as such ... Karnataka Co-
operative Societies Act, 1960 (for short 'KCS Act') but
also to invoke the provision of the PTCL Act since those
Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein interested ... seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
down in Chhedi
Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein interested ... seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
Prohibition of Transfer of Certain Lands) Act, 1978,
(for short " PTCL Act ") is strongly resisted by the petitioner
herein only on the ground ... authorities that since there is no transfer, the provisions of
PTCL Act are not applicable to the present case on hand
and therefore, there cannot
