Karnataka HC Sets Aside Non-Alienation Restrictions On Land Granted To 13 Unauthorised Occupants, Orders RTC Entries Removed Within 2 Months

The petitioners sought to quash endorsements issued by the Tahsildar concerning their respective lands.

The Court noted that the lands had been granted to the petitioners, who had been in unauthorised occupation, and that the grant records were produced as Annexures C1–C13.

The petitioners challenged the endorsements under Article 226 of the Constitution.

1. Whether the Tahsildar’s endorsements concerning the petitioners’ granted lands, including conditions restricting alienation, should be set aside.

2. Whether the Tahsildar should reconsider the petitioners’ claims by reference to the dates of their possession and remove any entry in Column 11 of the RTC recording a non-alienation period.

The Court followed its decision in W.P. No. 1929 of 2024, disposed of on 16 December 2024, which it identified as the applicable declaration of law.

It held that the authorities should consider the claim by reference to the date on which the petitioners came into possession and, in the circumstances of these grants to persons in unauthorised occupation, ought not to impose a condition restricting alienation.

The Court considered the grant orders and the petitioners’ unauthorised occupation of the lands.

It concluded that the Tahsildar should have assessed the claims with reference to the petitioners’ dates of possession rather than imposing an alienation condition.

Applying its decision in W.P. No. 1929 of 2024, the Court found the impugned endorsements unsustainable and directed the Tahsildar to issue fresh orders or endorsements consistent with that decision.

The Tahsildar was directed to issue fresh orders or endorsements in accordance with the decision in W.P. No. 1929 of 2024 and, where applicable, remove the non-alienation-period entry in Column 11 of the RTC for the respective lands, within two months of receiving a certified copy of the order.