Grantee cannot apply afresh after plea is rejected once: Karnataka High Court

Bengaluru: The high court has said that once an application filed by the grantee under Section 5 of the PTCL Act is rejected, the only option available is to challenge such order and no fresh application can be filed by such grantee and/or the legal heirs.

Justice Suraj Govindaraj said this while ruling in favour of family members of a subsequent purchaser of the land.

In the case at hand, the original grant was made in November 1963 with a 15-year non-alienation clause. However, the grantee sold this land in October 1964 and further this purchaser again sold these lands to another person.

In 2000, the assistant commissioner, Davangere allowed the application filed by the grantee for restoration of lands. The matter reached the high court and it was remanded in August 2003 for fresh consideration. In this round, the deputy commissioner allowed the appeal filed by the subsequent purchasers. The legal heirs of the original grantee again moved the high court.

Justice Suraj Govindaraj directed for cancellation of revenue entries made, if any, in favour of legal representatives of the original grantee and to make entries in favour of the subsequent purchasers and/or their legal representatives within 21 days.

The court said that once the authorities were to come to a conclusion that the alienation, though made within the period of prohibition, ought not to be disturbed, the issue of restoration cannot be raised again. 

Digitisation of land records

Meanwhile, considering the fact that the revenue authorities were forced to determine the issue for want of required documents, the court has also issued general directions, including digitisation of records related to land grant.

“Once the said documents are digitised, all the documents to be hyperlinked with each other so that all the documents are accessible from any particular document or location, going historically backward or forward. Entries relating to the grant with reference to the grant and concerned documents are to be entered into the RTC, and the documents are to be accessible by way of hyperlinks. A master e-register to be prepared in respect of each survey number village-wise, with the documents being accessible by hyperlinking. Search to be capable of on the basis of the name of district, village, survey number, grantees name, etc., facility to apply and obtain e-certified copies of all the documents to be made available,” Justice Suraj Govindaraj said.