order in favour of Respondent No.3 as a
restoration under the PTCL Act , which is incorrect. The
Assistant Commissioner, acting under the provisions ... 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
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
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 ... under registered sale deed dated
22.09.1988, which is in violation of the PTCL Act, 1978 .
The petitioners being the grandchildren of original grantee
Late
exhausting the remedy available to them under Section
5(a) of the PTCL Act.
2. Before I advert to the facts of the present case ... Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein
Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein ... 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
Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") and has ordered for restoration of the granted land ... premises that the alienations are found to be in
contravention of the PTCL Act .
2. Before I advert to the facts of the present case
ENTIRE RECORDS FROM THE OFFICE OF THE R.1 IN RA PTCL
8/2017-18 AND ALSO FROM THE R.2 IN PTCL ... QUASH THE ORDER DATED
02.12.2020 PASSED BY THE R.1 IN RA (PTCL) 8/2017-18 UNDER
ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING
Scheduled Tribes Act
and Prohibition of Transfer of Certain Lands Act, 1978
(PTCL Act ) would be applicable thereto and as such, in
the said writ ... also to invoke the provision of the PTCL Act since those
-5-
WP No. 57108 of 2014
questions could not be considered on account
Tribes (Prohibition of
Transfer of Certain Lands) Act, 1978, (for short " PTCL
Act ") had an occasion to examine the point of limitation
wherein ... application
seeking annulment of sale as void under Section 4 of the
PTCL Act. The Apex Court by reiterating the principles laid
respondent No.4 filed an application under
Sections 4 and 5 of PTCL Act seeking restoration of the land
on the ground that ... granted land held that there is contravention of provisions of
PTCL Act and therefore, ordered for resumption. The
petitioner feeling aggrieved by the order