- 1 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 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. 35194 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. PALANI, S/O.GOVINDASETTY, AGED ABOUT 45 YEARS, RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-560 067, BENGALURU RURAL DISTRICT. 3. SRI. POREDDY NARASA REDDY S/O. MUTTAREDDY, AGED ABOUT 49 YEARS, RESIDING NO.301, SECTS ORCHIDWOOD, NEAR RYA INTERNATIONAL SCHOOL, KUNDALAHALLI, BENGALURU-560 037. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 4. SMT.T.VIJAYALAKSHMI, W/O.RAVICHANDRAN, AGED ABOUT 51 YEARS, RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-560 067, BENGALURU RURAL DISTRICT. 5. SRI. SURESH BABU MUPPALA, S/O.SAMUSHIVAMUPPA, AGED ABOUT 41 YEARS 6. SMT.B.S.LALITHA @ B. SRILATHA W/O.B.MALLIKARJUNARAJU, AGED ABOUT 39 YEARS 7. SMT. LILITHA VIJAY, S/O.VINOD NARAYAN CHOWDARY, AGED ABOUT 44 YEARS, PETITIONERS NO.5 TO 7 ARE RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-560 067, BENGALURU RURAL DISTRICT. 8. SRI.P.B.SIVAKUMAR, S/O.BASAVARAJAPPA, AGED ABOUT 55 YEARS, RESIDING AT PANATHUR VILLAGE, VARTHUR HOBLI-560 087, BENGALURU EAST TALUK. - 3 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 9. SRI. CHANNAKESHAVA @ CHANNAKESHAVA MURTHY, S/O.MUNIAPPA, AGED ABOUT 58 YEARS, 10. SRI. CHANNAKESHAVA S/O. VENKATAPPA, AGED ABOUT 49 YEARS, 11. SRINIVASA RAO GORENTLA, S/O.SAMBASHIVARAO GORENTLA, AGED ABOUT 52 YEARS, PETITIONERS NO.9 TO 11 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, DR. B.R.AMBEDKAR VEEDHI, BENGALURU- 560 001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DEVANAHALLI - 561 209. - 4 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 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. SHYAMANNA S/O LATE CHINNAPPA AGED ABOUT 61 YEARS RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 6. SMT. MUTHYALAMMA W/O LATE CHINNAPPA AGED ABOUT 59 YEARS, 7. SRI RAJAPPA S/O LATE CHINNAPPA AGED ABOUT 44 YEARS RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 8. SMT. MUNIYAMMA W/O NANJAPPA AGED ABOUT 59 YEARS - 5 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 9. SRI A. SHANKARAPPA S/O LATE APPAYANNA AGED ABOUT 59 YEARS RESIDING AT THIRUMALASHETTY HALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. 10. SRI VENKATA GOVINDARAO S/O D. DILIP RAO AGED ABOUT 39 YEARS RESIDING AT NO.1579 4TH MAIN ROAD, 'E' BLOCK E.C.E.S. LAYOUT KUNDALAHALLI BENGALURU - 560 037. 11. SRI ANAND VIJAY S/O VINOD NARAYAN CHOWDARY AGED ABOUT 48 YEARS 12. SMT. PUSHPA ANAND VIJAY W/O ANAND VIJAY AGED ABOUT 58 YEARS RESPONDENT NOS.11 AND 12 ARE RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, - 6 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 13. HOSAKOTE TALUK- 560 067, BENGALURU RURAL DISTRICT. SMT. NAGARATHNAMMA S/O. THOPANNA, AGED ABOUT 71 YEARS 14. SRI. SHIVAPPA, S/O.SHETTY, AGED ABOUT 59 YEARS 15. SMT. KOMALA, W/O.PRADEEP, AGED ABOUT 43 YEARS, 16. SRI. HARISH, S/O.HANUMANTHE GOWDA, AGED ABOUT 49 YEARS, RESPONDENT NOS.13 TO 16 ARE RESIDING AT THIRUMALASHETTYHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK-560 067, BENGALURU RURAL DISTRICT. 17. SMT.T.R.SHAKUNTHALAMMA, W/O.T.M.THAMMEGOWDA, AGED ABOUT 41 YEARS, RESIDING AT THOTLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK-560 117, KOLAR DISTRICT. - 7 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 18. SRI. SIDDAPPA, S/O.LATE MUNIHANUMAIAH, AGED ABOUT 41 YEARS, RESIDING AT KALLUR VILLAGE, KASABA HOBLI. MAGADI TALUK-562 120, RAMANAGARA DISTRICT. 19. SRI.KAMAKSHAMMA, W/O.MURUGESH, AGED ABOUT 45 YEARS, RESIDING AT RAVINDRA COMPOUND, HOODY POST, RAJAPALYA, BENGALURU-560 048. … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R4; SRI D. HANUMAMANTHARAYA D., 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-06/2023 ON THE FILE OF THE RESPONDENT NO.3/ASSISTANT 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. - 8 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 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) 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. - 9 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 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 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 - 10 - HC-KAR NC: 2025:KHC:48769 WP No. 35194 of 2025 would be stayed for a period of six weeks from today. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP