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july 2005

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.

Guntaiah & Ors vs Hambamma & Ors · Niyam