2013 (4) AKR 223

Karnataka High Court

Hon'ble Judge(s): K. Sreedhar Rao, Actg. C. J., S. Abdul Nazeer , JJ

( A ) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1978) S. 4 , 5 — Restoration of land — Application for, by grantees — Trespasser enjoyed possession of land by creating fraudulent revenue entries in his favour — It cannot be termed as ‘transfer’ by grantees — Land mortgaged to Bank by trespasser and defaulted in payment of loan — Auction sale by Bank — Claim for restoration by grantees cannot be considered under Act of 1978 as there was no ‘valid’ transfer — Remedy is to approach Civil Court. W. P. No 2686/2010 and 3083/2010 (SC/ST) dated D/- 21-06-2011 (Kant), Reversed.Thus where ‘K’ was only trespasser and he, by playing fraud got the revenue entries created in his favour and mortgaged the land in favour of Canara Bank, since there was no transfer effected as required under the PTCL Act in favour of ‘K’ whatsoever therefore the claim of grantees for restoration cannot be a subject matter for consideration under the provisions of the PTCL Act. Grantees if they have any valid title in respect of the land, they have to vindicate their right for seeking possession before the Civil Court in accordance with law. W. P. No 2686/2010 and 3083/2010 (SC/ST) D/- 21/06/11 (Kant), Reversed. (Paras12).....