- 1 - NC: 2025:KHC:6761 WP No. 4288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4288 OF 2025 (SCST) BETWEEN: 1. M.G. GANGADHAR S/O LATE GANGAPPA, AGED ABOUT 69 YEARS, R/AT NO.473, 11TH BLOCK, 2ND STAGE, NAGARABHAVI, PAPIREDDY PALYA, BENGALURU NORTH - 560 072. 2. NAGARAJAIAH, S/O LATE SIDDAIAH, AGED ABOUT 68 YEARS, R/O SHARAVANDANAHALLI VILLAGE, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132. …PETITIONERS (BY SRI. PARASHURAM R. HATTARAKIHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. B.R. AMBEDKAR ROAD, BENGALURU-1. REPRESENTED BY SECRETARY. 2. THE ASST. COMMISSIONER, MADHUGIRI SUB-DIVISION, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6761 WP No. 4288 of 2025 MADHUGIRI - 572 132, TUMAKURU DIST. 3. M.H. KRISHNAMURTHY, S/O LATE HANUMANTHAPPA M.R., AGED ABOUT 66 YEARS, R/AT 4TH BLOCK, 21ST WARD, DARGA ROAD, MADHUGIRI - 572 132, TUMAKURU DIST. 4. NAGENDRA M.H., S/O LATE HANUMANTHAPPA M.R., AGED ABOUT 59 YEARS, K.H.ROAD, MEDARAHATTI, 4TH BLOCK, MADHUGIRI - 572 132, TUMAKURU DIST. 5. SMT. GEETHA W/O LATE NATARAJ, AGED ABOUT 46 YEARS, 6. PRATHIKSHA D/O LATE NATARAJ, AGED ABOUT 27 YEARS, 7. HARSHITHA D/O LATE NATARAJ, AGED ABOUT 19 YEARS, R5 TO R7 ARE RESIDING AT K.R. EXTENSION, 17TH WARD, MADHUGIRI - 572 132, TUMAKURU DIST. 8. ASHWATHA NARAYANA M. H. S/O LATE HANUMANTHAPPA M.R., - 3 - NC: 2025:KHC:6761 WP No. 4288 of 2025 AGED ABOUT 54 YEARS, R/O BHOVI AND HARIJANA COLONY, 4TH CROSS, MADHUGIRI - 572 132, TUMAKURU DIST. 9. PRADEEP, S/O LATE MURALIDHARA M.H., AGED ABOUT 24 YEARS, K.R. EXTENSION, 17TH WARD, MADHUGIRI - 572 132, TUMAKURU DIST. 10. RAMESHA M.H., S/O LATE HANUMANTHAPPA M.R., AGED ABOUT 50 YEARS, R/O OPP. TO APMC YARD, WARD NO.23, BALAKKA BADAVANE, V.T.C., MADHUGIRI PO R.M.YARD, MADHUGIRI - 572 132, TUMAKURU DIST. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PETITION FILED BY THE R-3 TO 10 IN CASE NO.PTCL/SR/63/2023 BEFORE THE R-2 UNDER ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 4 - NC: 2025:KHC:6761 WP No. 4288 of 2025 ORAL ORDER 1. The petitioners are seeking for the following prayer: a) "Issue a Writ in the nature of Certiorari and quash the entire proceedings in petition filed by the respondent No.3 to 10 in Case No. PTCL/SR/63/2023 before the respondent No.2 under Annexure-A, and b) Issue a Writ in the nature of Mandamus directing the respondent. No.2 to dispose the said petition filed by the respondent No.3 to 10 in Case No.PTCL/SR/63/2023 before the respondent No.2 within a stipulated time; and c) Pass any other appropriate order/orders as deem fit by this Hon'ble Court to the facts and circumstances of the case, with an order as to costs, in the interest of justice & equity." 2. Heard learned counsel for the petitioners and learned AGA for the State. 3. The petitioners have called in question the proceedings initiated by respondent Nos.3 to 10 before respondent No.2-Assistant Commissioner under Section 5 of the Karnataka Scheduled Caste and Scheduled Tribe - 5 - NC: 2025:KHC:6761 WP No. 4288 of 2025 (Prohibition of Transfer of Certain Lands) Act, 1978 ("PTCL Act" for short) on the ground that proceeding initiated before the Assistant Commissioner is one without jurisdiction as the land in question is "not the granted land" under the PTCL Act. 4. Whether the land in question is a granted land or not is a subject matter of adjudication before the Assistant Commissioner, which is a question of fact and matter of evidence, the petitioners have approached this Court at a premature stage, keeping open all the contentions of the petitioners to put forth before the Assistant Commissioner, the writ petition stands disposed of. 5. It is needless to observe that respondent No.2- Assistant Commissioner to dispose of the proceedings as expeditiously as possible. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 17 / CT: BHK