Petitioner sought resumption of granted land under the PTCL Act. The authorities had rejected the application because the lands were acquired under the Land Acquisition Act for formation and distribution of house sites. The High Court held that once lands stand acquired, PTCL resumption cannot be entertained, and dismissed the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO.26510 OF 2024 (SCST)
BETWEEN:
…PETITIONER
(BY SRI NAIK N. R. ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
CHIKKAMAGALURU DISTRICT - 577 001
RESPONDENT NOS. 7 TO 10 ARE RESIDING AT JANSALE ESTATE SAKARAYAPATTANA HOBLI AND POST KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 001.
RESPONDENT NOS.11 TO 33 ARE RESIDENTS OF HASTHINAPURA (HALEHATTI TANDYA) SAKARAYAPATTANA HOBLI KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 001
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE 2ND RESPONDENT IN NO.PTL 15/2016-17 DATED 27.08.2024 IN RESPECT OF THE LAND MEASURING 3 ACRES 25 GUNTAS OF LAND AT SY.NO.761 OF SAKHARAYAPATTANA VILLAGE, NOW NEW SY.NO.115 OF HASTHINAPURA VILLAGE, SAKHARAYAPATTANA HOBLI, KADURU TALUK WHICH IS PRODUCED AT ANNEXURE-C, ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
the Authorities on the ground that the lands which have been granted to the petitioner has been
acquired for the formation of house sites and for distribution of the same to the villagers.
dismissed .
SD/(N S SANJAY GOWDA) JUDGE
GSR
List No.: 1 Sl No.: 6
1 issue framed by the court
Whether resumption of granted land under the PTCL Act can be ordered when the lands have already been acquired under the Land Acquisition Act for distribution as house sites.
3 provisions across 3 enactments
Sri Rameshnaika H. S.
The State of Karnataka by its Secretary, Revenue Department
The Deputy Commissioner, Chikkamagaluru District
The Assistant Commissioner, Chikkamagaluru Sub-Division
The Tahsildar, Kadur Taluk
Smt. Jayamma and others (Respondent Nos. 6 to 33)
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
