CUSTOM SEARCH

If for any reason, the taluk office do not have the record relating to the grant of land in question then the respondents have to rebuild the records and find out the date of grant, nature of grant and to whom the land was granted. - JUSTICE NAGAMOHANDAS


Chinnappa Vs. The Special Deputy Commissioner and Ors. Hon’ble Justice: H.N. Nagamohan Das, J. Date of Judgement: 18/12/2009 Citation: 2010 (1) KarLJ 671, Writ Petition No. 15427 of 2009, SOURCE: KARNATAKA HIGH COURT “The Assistant Commissioner vide order dated 12-6-2003 as per Annexure-K rejected the claim of petitioner mainly on the ground that the original grant darkast records are not available in the Taluk Office. In appeal, the Deputy Commissioner confirmed the order of Assistant Commissioner under the impugned order dated 4-4-2007 - Annexure-L. Hence, this writ petition. ….. The PTCL Act is a social welfare legislation. The object of PTCL Act is to see that the land granted to Scheduled Caste and Scheduled Tribe persons are retained in their hands. If for any reason, the taluk office do not have the record relating to the grant of land in question then the respondents have to rebuild the records and find out the date of grant, nature of grant and to whom the land was granted. Further, the respondents have to secure the original grant/darkast register, saguvali chit register, kimath register etc., and verify the same. In the instant case the respondents without undertaking such an exercise committed an illegality in dismissing the claim of petitioner only on the ground that the grant darkast records are not available. On this ground the impugned orders are liable to be quashed.”

No comments:

CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS