Karnataka SC/ST PTCL Act. Repeated sale by grantee constitutes offence of cheating under Section 420 IPC. Such person is not entitled to seek restoration of the granted land and also to retain the consideration received by him. Karnataka High Court.

Kumar and others vs State of Karnataka and others. Writ Petition 21977/2013 and connected matters decided on 21 December 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf

Relevant paragraphs: 24. Judgment in THE TIBETIAN CHILDREN’S VILLAGE Vs. DEPUTY COMMISSIONER AND OTHERS in W.P.No.15802/2007 dated 07.04.2019 referred to as follows:

“5. It is essential for us to travel a little further arid determine the matters arising out of violation of Section 4 of the PTCL Act,, wherein, the original grantee repeatedly sells the grant land, and then seeks annulment of the sale. These are cases where the vendor successfully reaps the benefit of his own wrong. This case, like others dealt with by us, reveals the misuse of a legislative enactment for personal gains. We are satisfied, that repeated sales at the hands of the original grantee constitutes the offence of cheating under the Section 420 of the Indian Penal Code 1860. A person who cheats, is definitely not entitled to seek restoration of the grant land and retain the consideration received by him by sale thereof.

29. If the facts obtaining in the judgment of the learned Division Bench are juxtaposed to the facts obtaining in the case at hand. It would become unmistakably clear that repeated sale by the original grantee or his legal heirs amounts to cheating.

Compiled by S. Basavaraj, Advocate, Daksha Legal