SATYAN versus DEPUTY COMMISSIONER & ORS.
Even after the expiry of the 15-year non-alienation period, transfer of granted lands to Scheduled Castes and Scheduled Tribes requires prior permission of the government under Section 4(2) of the Act. Sale deeds executed without such permission are invalid and null and void.
- Parties
- Appellant: Satyan; Respondents: Deputy Commissioner & Ors.
- Jurisdiction
- India
- Judgment Date
- 30 April 2019
- Procedural Posture
- Civil Appeal / Final Decision Appeals Dismissed
- Outcome
- Appeals dismissed
- Legal Topics
- Prohibition of Transfer of Granted Lands, Requirement of Prior Government Permission for Transfer, Delay/laches in Enforcement
Case Brief
Summary, issues, holding and outcome
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Parties
Satyan
Appellant
Deputy Commissioner & Ors.
Respondents
Procedural Posture
Civil Appeal / Final Decision Appeals Dismissed
Legal Issues
- 1 Whether transfer of granted land after 15 years requires prior government permission under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978
- 2 Whether delay/laches bars the competent authority’s action to annul sale deeds in respect of granted land
- 3 Whether forged documents claiming permission affect the validity of sale deeds
Ratio Decidendi
Even after the expiry of the 15-year non-alienation period, transfer of granted lands to Scheduled Castes and Scheduled Tribes requires prior permission of the government under Section 4(2) of the Act. Sale deeds executed without such permission are invalid and null and void.
Court Disposition
Appeals dismissed
Orders
- Parties to bear their own costs
Full Case Text
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