- 1 - NC: 2025:KHC:2299 WP No. 26194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26194 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. VIJAYALAKSHMI @ VIJAYAMMA, D/O LATE SHAMANNA, W/O. MOHAN, AGED ABOUT 53 YEARS, RESIDING AT NO. 8, B.T. ROAD, ANCHEPET, AVENUE ROAD CROSS, BANGALORE 53. 2. SRI. NARAYANAPPA, S/O. LATE SHAMANNA, AGED ABOUT 63 YEARS, RESIDING AT NO.8, B.T. ROAD, ANCHEPET, AVENUE ROAD CROSS, BANGALORE 53. …PETITIONERS (BY SRI. VENKATA REDDY C M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU -562 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA, CHIKKABALLAPURA DISTRICT 562 101. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2299 WP No. 26194 of 2024 3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA - 562 101. 4. THE TAHASILDAR GOWRIBIDANUR TALUK GOWRIBIDANUR-562 101. …RESPONDENTS (BY SRI.MANJUNATH K.,HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT DIRECTING THE R-2 TO 4 TO CONSIDER THE APPLICATION OF THE PETITIONERS FOR CHANGE OR TRANSFER OF KHATHA, RTC AND OTHER RELEVANT ENTRIES IN THE RECORD OF RIGHTS AND PAHANIES AND MUTATION REGISTER ETC., AS PER ANNEXURE-F, DTD 28/10/2022 FORTHWITH AS REQUESTED THEREIN, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioners who are legal heirs of original grantee are before this Court seeking proper direction against respondent Nos.2 to 4 to consider the petitioners application and mutate the petitioners' name in the RTC. 2. The Learned High Court Government Pleader has referred to the judgment delivered by this Court in - 3 - NC: 2025:KHC:2299 WP No. 26194 of 2024 W.P.No.11325/2014. By citing this judgment, the Pleader has emphasized that the restoration proceedings initiated under Sections 4 and 5 of the PTCL Act were quashed, and the matter was remitted back to the Assistant Commissioner for reconsideration. This implies that the earlier decision taken in the restoration proceedings was deemed procedurally or substantively inadequate, necessitating a fresh enquiry by the designated authority. The Assistant Commissioner is now tasked with re- evaluating the matter in accordance with the directions issued by this Court and the provisions of the applicable law. 3. A detailed examination of the order passed by this Court in W.P.No.11325/2014 reveals that the petitioners have not yet achieved the desired outcome. The restoration order has been quashed, and the case has been remitted back to the Assistant Commissioner for a fresh enquiry. Until such time as the Assistant Commissioner conducts a comprehensive investigation and - 4 - NC: 2025:KHC:2299 WP No. 26194 of 2024 arrives at a determination under the provisions of the PTCL Act, the petitioners’ claim remains unresolved. Specifically, the nullification of the sale deeds and the restoration of the lands to the petitioners must occur in accordance with the procedures prescribed by law. Without such formal legal validation and restoration, the petitioners are not entitled to have their names mutated in the relevant revenue records. At present, the representations submitted by the petitioners, which form the basis of this writ petition, are deemed premature. The petitioners must first pursue the remedies available to them in the pending appeal, as mentioned in this petition, and allow the legal process to take its course before seeking further relief. Accordingly, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 2