LAWS(KAR)-2023-7-122

B. S. VIJAYKUMAR Vs. STATE OF KARNATAKA

Decided On July 10, 2023
B. S. Vijaykumar Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner has requested respondent no.2 to mutate his name in the revenue entries in respect of 2 acres of land in Survey No.209/2 of Kethenahalli village, Chikkaballapur Taluk. As the same has not been done, the present writ petition is filed.

(2.) The learned AGA appearing for the respondents submits that subsequent to filing of the writ petition, an endorsement dtd. 23/1/2018 has been issued to the petitioner stating that the khatha in his name cannot be done as he purchased the said land in violation of the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short).

(3.) The petitioner submits, no proceedings have been initiated to resume the land under the provisions of PTCL Act and in the absence of a proper order of resumption, respondent no.2 cannot refuse mutating the name of the petitioner in the revenue records. He further submits that he became the owner of the property in accordance with law by way of a decree obtained from a Court and the transaction is not barred under the provisions of PTCL Act.