Karnataka High Court Ruling on PTCL Act: Granted Land Can’t Be Restored Twice

Land Restoration Under PTCL Act

The Karnataka High Court recently ruled that if a grantee or their legal heirs sell granted land after it has been restored or resumed under the PTCL Act, the Act cannot be invoked again for resumption or restoration of the same land. Proceedings initiated under the PTCL Act for resuming lands sold after restoration would be illegal and without jurisdiction.

Case of Rudramma and Her Children

• Rudramma’s husband, Siddappa, was granted 2 acres and 20 guntas of land in Kenchammanahalli village in Nov 1961.
• Siddappa sold the land in April 1970, and it was sold again in Feb 1972.
• In 1982, Siddappa approached the assistant commissioner for restoration of the granted land, and it was restored in March 1985.
• Siddappa sold the land again in April 1985 to Gowdra Shivappa and Thungamma.
• In 2002, the tahsildar alerted the assistant commissioner about the alienation, and the land was restored again under the PTCL Act.
• Gowdra Shivappa and Thungamma challenged the restoration, and in 2018, the deputy commissioner ruled in their favor.
• Rudramma and her children challenged the order before the high court.

Judge’s Ruling

Justice NS Sanjay Gowda noted that there is no ambiguity in Section 4 of the PTCL Act, and an alienation made in contravention of the terms of the grant would be null and void. However, Section 4 only contemplated that a transfer made for the first time alone was required to be annulled, and it did not contemplate subsequent alienations made by a grantee after the lands were restored to their favor.

The judge further pointed out that if the argument that the grantee, on getting the land resumed, can once again proceed to sell the lands without obtaining the permission of the government is accepted, it would only lead to rampant abuse of the PTCL Act. Such an argument would also lead to an unjust situation, where a grantee is being granted a benefit despite their illegal action.

Division Bench Order

The judge also referred to a division bench order that a grantee repeatedly selling lands resumed in their favor, while dismissing the petition.