Sri. Chikkamuniyappa v. the Secretary
Case brief
What is this about?
Keywords: PTCL Act; Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978; Section 4(1) retrospectivity; Section 4(2) prospectivity; Section 5 application; granted land; 15-year non-alienation condition; sale after expiry of non-alienation period; resumption and restoration of granted land; delay of 35 years; laches; writ of certiorari; Articles 226 & 227; Deputy Commissioner appeal SC.ST(APPEAL)66/2015-16; Assistant Commissioner Case No.K.SC.ST(A)49/2013-14; Giddeanahalli Village; Jigani Hobli; Anekal Taluk; Bengaluru Urban District; Old Sy.No.18/16th Block; New Sy.No.18/P13; 4.00 acres. Holding: sale of granted land after expiry of the 15-year non-alienation condition does not violate the grant for purposes of Section 4(1) PTCL Act; Section 4(2) applies only to post-commencement (post-01.01.1979) transfers; Section 5 application after 35 years is barred by unreasonable delay; writ petition dismissed.