MOHAMMAD YUSUF KHAN Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Appeal assails the order of the learned Single Judge dated 01.06.2011 by which the concurrent findings of the Assistant Commissioner as well as the Special Deputy Commissioner were affirmed.

(2.) The facts are largely not in dispute. On 15.07.1948, a Grant was made in favour of Sri A.D.Narasimha, who is the father of Respondent No.3 herein - Smt.Muniyamma, containing a covenant prohibiting alienation of the granted land in perpetuity.

(3.) The sale deed executed by Smt. Bibi Jan in favour of the Appellant on 13.07.1995 occurred after the 'PTCL Act' came into force on 01.01.1979. Section 4(2) ordains that no person shall transfer or acquire by transfer any granted land without previous permission of the Government. In view of this provision, the sale transaction between Smt. Bibi Jan and the Appellant is null and void.