- 1 - NC: 2025:KHC:4677 WP No. 33376 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33376 OF 2024 (KLR-RES) BETWEEN: 1. MS. THIMMAKKA W/O. LATE ANJENEYA AGED ABOUT 78 YEARS R/AT: KUMBALAGODU VILLAGE AND POST KENGERI HOBLI, BENGALURU SOUTH TALUK - 560060. 2. MR. GOVINDRAJU S/O. LATE ANJENEYA AGED ABOUT 57 YEARS R/AT. KUMBALAGODU VILLAGE AND POST KENGERI HOBLI BENGALURU SOUTH TALUK- 560060. …PETITIONERS (BY SRI. NISHANTH A.V., ADVOCATE) AND: THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K G ROAD, NEAR DISTRICT REGISTRAR OFFICE, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU-560009. …RESPONDENT (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4677 WP No. 33376 of 2024 RESPONDENT TO ISSUE AN ENDORSEMENT BY CONSIDERING THE REPRESENTATION DATED 05.07.2024 VIDE ANNEXURE-G AND REPRESENTATION DATED 05.11.2024 VIDE ANNEXURE- G1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioners in the captioned petition are seeking to issue mandamus against respondent to consider petitioners' representations dated 05.07.2024 and 05.11.2024 vide Annexures - G and G1 respectively and issue appropriate endorsement to enable the petitioner to sell the petition property. 2. The petitioners, who are the legal heirs of the original grantee, contend that they have lawfully obtained a conversion order from the Deputy Commissioner concerning the granted land in question. It is an undisputed fact that the petitioners belong to a socially disadvantaged group, classified as a depressed class, and that the land was originally granted under a scheme intended for the upliftment of such communities. However, despite the land being a granted land, the petitioners argue that, by virtue of securing a valid - 3 - NC: 2025:KHC:4677 WP No. 33376 of 2024 conversion order, they have effectively altered the nature of the land, rendering the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the ‘PTCL Act’) inapplicable. The petitioners rely on the legal precedent established by the Full Bench of this Hon’ble Court in the case of Munnaiah S/o Late Lachappa vs. Deputy Commissioner, Bangalore District, wherein it was categorically held that once a granted land undergoes conversion, the regulatory provisions of the PTCL Act cease to apply. 3. Despite having obtained the conversion order, the petitioners find themselves unable to exercise their right to alienate or transfer the property, as authorities continue to treat the land as being subject to the restrictions imposed by the PTCL Act. This unwarranted restraint has created a legal impediment, preventing the petitioners from effecting any lawful sale of the property, thereby infringing upon their proprietary rights. The Full Bench of this Hon’ble Court, in the aforementioned judgment, has authoritatively clarified that the applicability of the PTCL Act is extinguished once the land is converted, and any restrictions on transfer cease to operate. In - 4 - NC: 2025:KHC:4677 WP No. 33376 of 2024 light of this settled legal position, the Deputy Commissioner is under a statutory and legal obligation to issue the necessary endorsement, affirming that the land is free from the rigors of the PTCL Act. Such an endorsement is essential to enable the petitioners to exercise their right to transfer the property in a manner they deem fit, without any further obstruction from the authorities. 4. For the foregoing reasons, this Court passes the following: ORDER (i) Writ petition is allowed. (ii) The respondents shall consider both the representations and issue appropriate endorsement strictly adhering to the law laid down by the full bench of this Court in the judgment cited supra. (iii) This exercise shall be accomplished within a period of four weeks. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HJ List No.: 1 Sl No.: 32