PTCL Act does not cover land granted under Bagar Hukum, Karnataka High Court rules

The land in dispute was granted to Hanumantharayappa under Bagar Hukum in 2003.

The petitioner purchased the land in 2021 and sought mutation of the revenue records in his favour.

The Tahsildar referred the matter to the Assistant Commissioner in view of the PTCL Act; the Assistant Commissioner initiated suo motu proceedings and ordered resumption in favour of the original grantee’s family.

The Deputy Commissioner affirmed that order.

The petitioner challenged the Tahsildar’s, Assistant Commissioner’s and Deputy Commissioner’s orders by writ petition.

Whether the PTCL Act applied to land granted under Bagar Hukum in 2003.

Whether the orders directing resumption of the land and the consequential revenue action could be sustained.

The Court applied the PTCL Act and held that its provisions were not attracted to the land in this case because the land had been granted under Bagar Hukum.

The judgment cites no specific statutory provision or precedent.

The Court noted that the Tahsildar’s communication led the Assistant Commissioner to initiate suo motu proceedings and adjudicate the matter as a claim for resumption; the Deputy Commissioner then confirmed the resulting order.

Because the land was granted under Bagar Hukum, the Court held that the authorities erred in treating the case as governed by the PTCL Act.

The resulting orders therefore could not stand.

It directed the competent authority to restore the petitioner’s name in the revenue records relating to the land.