- 1 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35193 OF 2025 (SCST) BETWEEN: 1. SRI C NAGARAJU S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 54 YEARS, RESIDING AT CHANNASANDRA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU- 560 067. 2. SRI. GOLLAGANESH BABU. S/O DURGARAO, AGED ABOUT 45 YEARS 3. SRI. MOHAN DAS, S/O K.P.KRISHNASWAMI NAIDU, AGED ABOUT 56 YEARS 4. SRI. PURUSHOTHAMAN S/O GOVINDASWAMY, AGED ABOUT 55 YEARS 5. SRI. KRISHNAPPA, S/O SANDAPPA, AGED ABOUT 59 YEARS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 6. SRI. KRISHNAMURTHY W/O NANJUNDAPPA, AGED ABOUT 51 YEARS, PETITIONER NOS.2 TO 6 ARE RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 7. SMT. KOWSALYA, W/O VISHWANATH, AGED ABOUT 49 YEARS, RESIDING AT NO. 06, 10TH CROSS, K. KAMARAJA ROAD, SHIVAJINAGARA, BENGALURU- 560 042. 8. SMT. SUKANYA W/O SHIVALINGAIAH, AGED ABOUT 51 YEARS, RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. … PETITIONERS (BY SRI. VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY REVENUE DEPARTMENT, VIKAS SOUDHA, - 3 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 DR. B.R.AMBEDKAR VEEDHI, BENGALURU- 560 001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DEVANAHALLI - 561 209. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR- 561 209, BENGALURU RURAL DISTRICT. 4. THE TASILDHAR HOSAKOTE TALUK, HOSAKOTE- 562 114, BANGALURU RURAL DISTRICT. 5. SRI. RAMAKRISHNAPPA S/O DODDARAMAIAH, AGED ABOUT 55 YEARS, RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 6. SMT.NARAYANAMMA W/O LATE DODDARAMAIAH, AGED ABOUT 65 YEARS, 7. SMT. CHIKKARAMAKKA W/O LATE DODDARAMAIAH, AGED ABOUT 58 YEARS - 4 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 8. SRI. RAMU S/O LATE DODDARAMAIAH, AGED ABOUT 51 YEARS 9. SMT. LAKSHMAMMA W/O LATE DODDARAMAIAH, AGED ABOUT 52 YEARS, RESPONDENT NOS.6 TO 9 ARE RESIDING AT THIRUMALASHETTY HALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 10. SMT. MUNIYAMMA W/O NANJAPPA, AGED ABOUT 47 YEARS, RESIDING AT BYLAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 11. SRI. A SHANKARAPPA S/O LATE APPAYANNA, AGED ABOUT 59 YEARS, RESIDING AT ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 12. SRI. SRINIVASALU REDDY S/O VENKATAREDDY, AGED ABOUT 53 YEARS, RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, - 5 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R4; SRI D. HANUMANTHRAYA, ADVOCATE FOR C/R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORD IN CASE NO.PTCL/HOS-05 OF 2023 ON THE FILE OF THE RESPONDENT NO.3/ASSISTANT 2023 COMMISSIONER AS FOUND AT ANNEXURE-A1; 1) TO DECLARE THE PROVISIONS OF THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) (AMENDMENT) ACT, 2023, THE KARNATAKA ACT NO.30 OF 2023, THE KARNATAKA SCHEDULE CASTES AND SCHEDULE TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) (AMENDMENT) ACT 2023, DATED 27.07.2023 BEARING NO.DPAL 25 SHASANA 2023 BENGALURU AS UNCONSTITUTIONAL AND STRIKE DOWN THE SAME AS FOUND AT ANNEXURE-A 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 Petitioners have called in question the correctness of the order of the Assistant Commissioner at Annexure-A1. Petitioners have also sought for a declaration that the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) - 6 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 Amendment Act, 2023 as being unconstitutional in light of the grounds raised. 2. It is noticed that as against the order of the Assistant Commissioner at Annexure-A1, an appeal would lie under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 to the Deputy Commissioner. No doubt the constitutional validity of certain provisions of the Amendment Act has been challenged. 3. However, Sri. Vikram Huilgol, learned Senior Counsel appearing for the petitioners submits that the question may be kept open as the Court indicated that the petitioners are to be relegated to avail of the statutory available appellate remedy as regards the substantive dispute. 4. Sri. Hanumantharaya D, learned counsel appearing for caveator / respondent No.5 submits that the - 7 - HC-KAR NC: 2025:KHC:48768 WP No. 35193 of 2025 petitioners may be relegated to avail of the statutory remedy. 5. Taking note of the available statutory appellate remedy, petition is disposed of without adjudication relegating the petitioners to avail of the appeal remedy if so advised under Section 5-A of the Act. All legal contentions insofar as prayer No. (i) are kept open. Petitioners to take appropriate steps to file an appeal within a period of four weeks from today. In the interregnum, the order of the Assistant Commissioner would be stayed for a period of six weeks from today. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP