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january 2008

Supreme Court of India · 2008-01-03

KALIYAMMA vs DEPUTY COMMNR., CHITRADURGA DIST. .

Citation / case number
SC 2001/3013
Court
Supreme Court of India
Petitioner
KALIYAMMA
Respondent
DEPUTY COMMNR., CHITRADURGA DIST. .
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's dismissal of the writ appeal under Section 4 of the Karnataka High Court Act, 1979, concerning the validity of a land sale under the Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1979. The Court found that the land in question was subject to a non-alienation condition for ten years, which had been violated, resulting in the land vesting with the Government. The Court emphasized that the legal heirs' claims must be examined by the Assistant Commissioner before possession can be restored, affirming the lower court's directive for further inquiry into the heirs' status.

KALIYAMMA vs DEPUTY COMMNR., CHITRADURGA DIST. . · Niyam