Sri. Balaraj v. The State of Karnataka

e -e1e-eeeee e e NC:(2026:KHC:15767 WP(No.(8500(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(17 (DAY(OF(MARCH,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(8500(OF(2026((SCST) BETWEEN:(

1., SRI.,BALARAJ, SON,OF,LATE,MUNIVENKATASWAMAPPA,,, AGED,ABOUT,67,YEARS,,, NO.17,,SHARAVATHI,NILAYA,,, ST1 ,MAIN,,SHASTRANAGARA,,, JALAHALLI,,BENGALURU,NORTH,,, PIN,CODE-560,015.,

2., SRI.N.SRIKANTAIAH,, SON,OF,LATE,NANJUNDAPPA,,, AGED,ABOUT,58,YEARS,,, Digitally RESIDING,AT,KALIDASANAGARA,,,signedtiby VIJAYA0P SIRA,TOWN,,TUMAKURU,,, Location: PIN,CODE-572,137.,HIGH0COURT OF …,PETITIONERS,KARNATAKA (BY,SRI.,NARENDRA,BABU,H.L.,,ADVOCATE), AND:

1., THE,STATE,OF,KARNATAKA,,, REPRESENTED,BY,ITS,CHIEF,SECRETARY,, DEPARTMENT,OF,LAND,REVENUE,,, VIDHANA,SOUDHA,,, BANGALORE,PIN,CODE,-,560,001, e -e2e-eeeee e e NC:(2026:KHC:15767 WP(No.(8500(of(2026

2., THE,DEPUTY,COMMISSIONER,, TUMAKURU,,PIN,CODE,-,572,101,

3., THE,ASSISTANT,COMMISSIONER,, MADHUGIRI,SUB,DIVISION,,TUMAKURU,, PIN,CODE,-,572,132,

4., THE,THASILDAR,, SIRA,TALUK,,TUMAKURU,, PIN,CODE-572,132.,

5., SRI.SHIVANNA,,, SON,OF,LATE,LAKSHMANA,,, AGED,ABOUT,58,YEARS,,, RESIDING,AT,SOOREKUNTE,VILLAGE,,, KASABA,HOBLI,,SIRA,TALUK,,, TUMAKURU,DISTRICT,,, PIN,CODE,-,572,137,

6., SRI.KARIYANNA, SON,OF,LATE,MALAPPA,,, AGED,ABOUT,56,YEARS,,, RESIDING,AT,SOOREKUNTE,VILLAGE,,, KASABA,HOBLI,,SIRA,TALUK,,, TUMAKURU,DISTRICT,,, PIN,CODE,-,572,137., …,RESPONDENTS, (BY,SRI.,SHAMANTH,NAIK,,HCGP,FOR,R1,TO,R4), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,A),TO,DIRECT,THE, RESPONDENT,NO.2,TO,CONSIDER,THE,APPEAL,FILED,BY,THE, PETITIONERS, UNDER, SECTION, 5-A, OF, THE, PTCL, ACT, IN, PTCL.NO, (NIL), /2026, AS, PER, ANNEXURE-G1, AND, ALSO, TO, CONSIDER, THE, I.A, FOR, STAY, FILED, BY, THE, PETITIONER, UNDER,SECTION,AS,PER,ANNEXURE-G3,,WHICH,BEING,FILED,

THROUGH E-FILING VIDE ACKNOWLEDGEMENT NO. 8088692371-1779 ON 05.03.2026 AS PER ANNEXURE-G2 AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned High Court Government Pleader accepts notice for respondents 1 to 4.

¶2Petitioners have sought for a direction to the Deputy Commissioner to consider the appeal filed by the petitioner under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (for short 'the PTCL Act') and has also sought for consideration of the interlocutory application for stay filed in the appeal proceedings.

¶3Petitioners submit that they are the purchasers of the land which is alleged to be granted land. It is further submitted that application seeking restoration of land sold in violation of the PTCL Act came to be filed in

the year 2012 which was allowed by the Assistant Commissioner by the order dated 03.03.2026. By virtue of the order of the Assistant Commissioner, there was a direction for resumption of land. It is further submitted that immediately thereafter revenue entries have been changed in the name of the grantees.

¶4Petitioners submit that an appeal has been preferred before the Deputy Commissioner on 05.03.2026 within the period of limitation and till date, the appeal has not been taken up for consideration and the request of the petitioners for stay of the order of the Assistant Commissioner has not been considered.

¶5Petitioners submit that the appeal memorandum is produced at Anenxure-G1 and the application for stay is at Annexure-G3. It is submitted that in light of the revenue entries already having been transferred in the names of the grantees even while the appeal of the petitioners is pending consideration before

the appellate authority, there is an apprehension of being dispossessed.

¶6Taking note of the limited prayer being made, viz., consideration of application filed seeking stay of the order at Annexure-D, petition itself could be disposed of. The Deputy Commissioner - respondent No.2 to take immediate steps to commence the proceedings in appeal filed before the Deputy Commissioner in terms of the memorandum of appeal at Annexure-G1. Necessary orders to be passed on the interlocutory application filed seeking interim relief as is evidenced by the application at Annexure-G3.

¶7Till such request of the petitioner for interim relief is considered, there would be stay of the order at Annexure - D and proceedings pursuant thereto till the Deputy Commissioner passes appropriate orders regarding the request of the petitioners for stay. All contentions are kept open.

¶8Issuance of notice to respondents 5 and 6 is waived in light of the relief granted by the Court is only transitory till the Deputy Commissioner passes an order on the pending interlocutory applications.

Accordingly, petition is disposed of.

Sd/- (S SUNIL DUTT YADAV) JUDGE VP