Supreme Court of India · 2005-07-22
Guntaiah & Ors vs Hambamma & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 4013
- Court
- Supreme Court of India
- Petitioner
- Guntaiah & Ors
- Respondent
- Hambamma & Ors
- Author
- K.G. Balakrishnan
- Bench
- K.G. Balakrishnan, P. Venkatarama Reddi
Judgment text excerpt
The Supreme Court upheld the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, particularly Section 4, which nullifies any transfer of granted land made in contravention of the terms of the grant. The Court clarified that the restriction on alienation imposed by Rule 43-J of the Mysore Land Revenue (Amendment Rules), 1960, is valid and enforceable, thus affirming the Assistant Commissioner's authority to restore possession of such lands to original allottees. The appeals against the High Court's judgment were dismissed, reinforcing the legal framework protecting land granted to Scheduled Castes and Scheduled Tribes from unauthorized transfers.