KAHC010034632013_1

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

KAHC010034632013_1

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Case Details

2020 LawText (KAR) (12) 47

Writ Petition No.21977/2013 c/w W.P. Nos.16153/2013, 21976/2013, 21978/2013, 21979/2013, 21980/2013 (SC-ST)

2020-12-21

M. Nagaprasanna

M.R. Rajagopal for petitioners; Savithramma, HCGP for respondents 1-8; Supreeth S. and P. Srinivasaiah for respondent 9; Divya Krishna for respondent 11; Respondent 10 served, unrepresented

Sri Kumar & Ors., Sri Ramaiah (Dead) by LRs, Smt. Nanjamma & Ors., Sri Radhakrishna & Ors., Smt. Mangamma & Ors., Smt. Siddamma & Ors.

State of Karnataka & Ors., The Tibetan Children's Village, T. Suresh Gowda, The Tibetan Children's Co-operative Society

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking to quash sale deeds registered in 2008 in respect of lands claimed to be granted to members of Scheduled Castes and Scheduled Tribes, in alleged violation of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

Remedy Sought

To declare the sale deeds dated various dates in September 2008 as null and void and to quash their registration.

Filing Reason

The petitioners alleged that the lands were granted lands belonging to SC/ST community and the transfers were in violation of the PTCL Act, rendering the sale deeds void.

Procedural History

The writ petitions were filed under Articles 226 and 227 of the Constitution of India and were consolidated and heard together. The court passed the judgment on 21 December 2020. The petitions were filed by different sets of petitioners all claiming to be in possession and ownership of lands in Sheshagirihalli granted under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. The case involves respondents including the State of Karnataka, revenue and police authorities, The Tibetan Children's Village, one T. Suresh Gowda, and The Tibetan Children's Co-operative Society.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978:
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