The High Court dismissed a writ petition challenging an endorsement rejecting an application to quash a land transfer. The court held that land with occupancy rights under the Karnataka Land Reforms Act is not 'granted land' under the PTCL Act.
Petition dismissed; impugned endorsement of 15.03.2021 stood upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.7786/2022 (SC-ST)
BETWEEN :
BOTH R/AT NO.251, II CROSS, VINAYAKA LAYOUT, MEDARAHALLI, CHIKKABANAVARA POST, BANGALORE - 90
...PETITIONERS
(BY SRI.PRAKASH H.N, ADV.)
AND :
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AGED ABOUT 75 YEARS, R/AT NO.33, MEDARA HALLI, CHIKKABANAVARA POST, YESHWANTHAPUR HOBLI, BANGALORE-560 090
...RESPONDENTS
(BY SMT.N.ANITHA, HCGP FOR R-1 & R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 15.03.2021 ISSUED BY THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU AS ANNEXURE- A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed challenging the order dated 15.03.2021 passed by the second respondent rejecting the application filed by the petitioners under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short `PTCL Act’) alleging that the subject land was conveyed to the fifth respondent in contravention of Section 4(1) of the PTCL Act.
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granted under the provisions of the Karnataka Land Reforms Act is not a granted land as defined under Section 3(1)b of the PTCL Act and as such, the provisions of the Act is not applicable.
I do not find any illegality in the impugned endorsement issued by the second respondent.
Accordingly, petition stands dismissed.
Sd/JUDGE
RKA
2 issues framed by the court
Whether occupancy rights granted under the Karnataka Land Reforms Act constitute granted land under Section 3(1)b of the PTCL Act?
Whether the impugned order rejecting the application under Section 5 of the PTCL Act suffers from any illegality?
Colour shows how this judgement treated each authority
this CourtRelied on¶29
WP No. 6640/2015
3 provisions across 1 enactments
Smt. H. Premakumari W/o. Srinivas K.G.
Sri. H. Venkatesh S/o. Hanumantharayappa
State of Karnataka by its Chief Secretary, Vidhana Soudha, Bangalore-01
Assistant Commissioner Bangalore North Sub-Division, Bangalore-01
Sri. A.K. Jacob S/o. Late A.E. Kochummen
Sri. S.T. Shivaramu S/o. Thimmadase Gowda
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
