CHINDE GOWDA versus PUTIAMMA
The condition prohibiting alienation for 15 years in grant of government land to Scheduled Caste individuals is valid, binding, and does not constitute unreasonable restriction; sale in violation is null and void; restoration to original grantee (or representative) is proper.
- Parties
- Appellant: Chinde Gowda; Respondent: Puttamma
- Jurisdiction
- India
- Judgment Date
- 14 December 2007
- Procedural Posture
- Civil Appeal / Appeal From Karnataka High Court (writ Appeal No. 2787 of 1999, Division Bench Order Dated 8.10.1999)
- Outcome
- Appeal dismissed
- Legal Topics
- Prohibition of Transfer of Granted Land, Non Alienation Condition, Restoration of Land to Grantees, Rules Governing Government Grants
Case Brief
Summary, issues, holding and outcome
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Parties
Chinde Gowda
Appellant
Puttamma
Respondent
Procedural Posture
Civil Appeal / Appeal From Karnataka High Court (writ Appeal No. 2787 of 1999, Division Bench Order Dated 8.10.1999)
Legal Issues
- 1 Whether sale in violation of non-alienation condition on granted government land is void
- 2 Whether Rule 43-G or Rule 43-J of Mysore Land Revenue (Amendment) Rules, 1960 applies
- 3 Whether imposition of prohibition on transfer constitutes unreasonable restriction
Ratio Decidendi
The condition prohibiting alienation for 15 years in grant of government land to Scheduled Caste individuals is valid, binding, and does not constitute unreasonable restriction; sale in violation is null and void; restoration to original grantee (or representative) is proper.
Court Disposition
Appeal dismissed
Orders
- Sale held null and void
- Eviction of appellant from land directed
Full Case Text
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