- 1 - NC: 2025:KHC:4084 WP No. 14707 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 14707 OF 2022 (SC-ST) BETWEEN: SMT. GOWRAMMA W/O GANGADHARAIAH B AGED ABOUT 70 YEARS R/O BEHIND R.R.HOTEL B.H.ROAD, HEGGERE TUMKURU-572 215 …PETITIONER (BY SRI. S.K. JYOTHI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKURU SUB-DIVISION TUMKURU-572 101 2. THE ASSISTANCE COMMISSIONER TUMKURU SUB DIVISION TUMKURU-572 101 SULAIAH S/O HUCCHAIAH SINCE DEAD BY HIS LEGAL HEIR ONLY DAUGHTER SMT. LAKSHMIDEVAMMA SINCE DEAD BY HER LEGAL HEIRS 3. THIMMAIAH DEAD BY LRs ALREADY ON RECORD OF RESPONDENT NOS.4 AND 5 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4084 WP No. 14707 of 2022 [CAUSE TITLE AMENDED AS PER COURT ORDER DT.29.01.2025] 4. SRINIVASA S/O THIMMAIAH MAJOR 5. RAVI S/O THIMMAIAH MAJOR ALL ARE R/O G.HOSAHALLI VILLAGE KASABA HOBLI, GUBBI TALUK TUMKURU DISTRICT-572 216 …RESPONDENTS (BY SRI. H.V. MANJUNATHA, ADVOCATE FOR R4 & R5; SRI. SIDHARTH BABU RAO, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 23.05.2022 VIDE ANNX-A PASSED BY THE R-1 IN RA (PRCL) NO.22/2022 WHEREIN THE R-1 HAD ISSUED NOTICE WITHOUT CONSIDERING THE IA NO.1 AND DIRECT THE R-1 TO CONSIDER THE IA NO.1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:4084 WP No. 14707 of 2022 ORAL ORDER The petitioner is seeking for the following prayer: (a) Issue a writ of certiorari quashing the impugned order dated 23.05.2022 (Annexure-A) passed by the 1st Respondent in RA (PTCL) No.22/2022 wherein the 1st respondent had issued Notice without considering the IA No.1. (b) Issue a writ of mandamus to directing the 1st Respondent to consider the IA No.1. (c) Pass such other relief/s as this Hon'ble Court deems fit and proper in the interest of justice and equity. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3. Challenging the order passed by the Assistant Commissioner, the petitioner approached the Deputy Commissioner by filing an appeal under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes - 4 - NC: 2025:KHC:4084 WP No. 14707 of 2022 (Prevention of Transfer of Certain Lands) Act, 1978 (‘PTCL Act’ for short). 4. The grievance of the petitioner is that the Deputy Commissioner in the appeal preferred by the petitioner refused to grant interim order and has issued notice on I.A. No.1/2022, which made the petitioner approach this Court in this writ petition seeking interim relief. 5. This Court by way of an interim order stayed the operation of the order dated 11.04.2022 passed by the second respondent-Assistant Commissioner at Annexure-D. Learned counsel for the respondents fairly submits that the interim relief granted by this Court by an order dated 18.08.2022 to be continued till the disposal of the appeal before the Deputy Commissioner and the present petition to be disposed of in the said terms. 6. The said submission is recorded. - 5 - NC: 2025:KHC:4084 WP No. 14707 of 2022 7. Having found that the petitioner has already approached the appellate authority-respondent No.1 under RA (PTCL) No.22/2022 the petition is pending consideration, this Court deems it appropriate to relegate the parties to respondent No.1 and this Court pass the following: ORDER i. Writ petition is disposed of. ii. The operation of the order dated 11.04.2022 passed by the second respondent at Annexure-D is stayed till the disposal of the appeal RA (PTCL) No.22/2022 pending before the Deputy Commissioner-respondent No.1. iii. All contentions of the parties are kept open. iv. This Court has not expressed any merits or demerits of the case, if expressed, any is - 6 - NC: 2025:KHC:4084 WP No. 14707 of 2022 only for the limited purpose of considering this petition. Sd/- JUSTICE K.S. HEMALEKHA NS List No.: 1 Sl No.: 27