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july 2005

Supreme Court of India · 2005-07-22

GUNTAIAH vs HAMBAMMA

Citation / case number
SC 1998/10231
Court
Supreme Court of India
Petitioner
GUNTAIAH
Respondent
HAMBAMMA
Author
P. VENKATARAMA REDDI K.G. BALAKRISHNAN
Bench
P. VENKATARAMA REDDI K.G. BALAKRISHNAN

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 renders any transfer of granted land in contravention of the grant's terms null and void. The Court affirmed the Assistant Commissioner's authority under Section 5 to restore possession of such lands to original allottees, emphasizing that the prohibition on alienation is enforceable despite arguments to the contrary. The appeals against the High Court's decision were dismissed, reinforcing the legal framework protecting land granted to Scheduled Castes and Scheduled Tribes from unauthorized transfers.

GUNTAIAH vs HAMBAMMA · Niyam