BODKA NAIK Vs. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 571313, THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION KOLLEGALA 571440 AND SRI C. KRISHNANAIKA

JUDGEMENT

(1.) SUCCINCTLY stated the facts of the case are: The subject grant was made on 12.01.1978 with a stipulation of non -alienation for a period of 15 years. The sale of the land took place on 23.07.2011. On 08.04.2005, the Assistant Commissioner restored the land to the original grantee. This order was challenged in appeal which was dismissed by the Deputy Commissioner on 07.02.2007. The Writ Petition was thereafter filed which was also dismissed on 07.09.2007. Therefore, there are concurrent findings at three stages, all of which are against the appellant before us. Before the learned Single Judge, it had been argued that, 'No Objection' had been issued by the Tahsildar. The learned Single Judge however, returned the finding that so called the certificate issued by the Tahsildar was only with regard to mutation. It was held that Sec. 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (in short 'PTCL Act') prohibited transfer of such lands, Sec. 4(2) of the said Act reads as follows: No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission for the Government.

(2.) THE learned Single Judge rightly opined that, a certificate issued by Tahsildar does not correspond to the permission granted by the Government; that any permission granted by the Tahsildar would not be sufficient so far as the statutory mandate under Sec. 4 of the PTCL Act is concerned.