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High Court of Karnataka · body

2025 DAILYLAW 47208 (KAR)

SMT. SHAKUNTALA BASAPPA SHIRAGUPPI, v. THE STATE OF KARNATAKA

WP/105332/2025 · 2025-10-16

Anant Ramanath Hegde

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.105332 OF 2025 (SC-ST) BETWEEN: 1. SMT. SHAKUNTALA BASAPPA SHIRAGUPPI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 2. SHRI. RAVASAB @ RAVASAO MUTTAPPA HALULLI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 3. SMT. GOURAVVA W/O. NINGAPPA DANNAPAGOL, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 4. SHRI. NINGAPPA RAMMANNA MALAGAR @ MALI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 5. SHRI. SHANKAR KAMU @ KAMAGONDA DANGI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:10 +0100 - 2 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 6. CHANNAVVA W/O. BHIMISINGH RAJPUT, AGE: 73 YEARS, OCC: HOUSEHOLD WORK & AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 7. LAXMAN SIDRAYA @ SIDRAM KHALATE, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 8. MAHANANDA W/O. NINGAPPA KABBURI, AGE: 53 YEARS, OCC: HOUSEHOLD WORK & AGRICULTURE, R/O. KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 9. SHRI. SHIVAPPA SIDRAYA ANANTPUR, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 10. SHRI. MAHADEV CHANNAPPA CHAPPAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. 11. SHRI. ANNASAHEB CHANNAPPA CHAPPAR, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI VILLAGE, ATHANI TALUK, DIST: BELAGAVI-591265. …PETITIONERS (BY SRI. VITTHAL S.TELI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, DC COMPOUND, BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, CHIKODI, TAL: CHIKODI, DIST: BELAGAVI-591201. 4. THE TAHASILDAR ATHANI, TAL: ATHANI, DIST: BELAGAVI-591304. 5. BUDDHA-BASAVA AMBEDKAR SAMAJ SEVA SANGH KOTTLAGI HARIJAN SAMAJ REP. BY ITS CHAIRMAN SHRI. GANGARAM BHIMAPPA KAMBLE, AGE: 48 YEARS, OCC; AGRICULTUREN, R/O. KOTTALAGI, TAL: ATHANI, DIST: BELAGAVI-591265. GOURAVVA ADIVEPPA HARIJAN SINCE DEAD LR DETAILS NOT AVAILABLE. NIMBEWWA GIRIMALLA HARIJAN, SINCE DEAD LR DETAILS NOT AVAILABLE. GOPAL BAGAVVA HARIJAN SINCE DEAD LR DETAILS NOT AVAILABLE. KASHINATH RAGAPPA HARIJAN SINCE DEAD LR DETAILS NOT AVAILABLE. - 4 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 6. SHETTAPPA RAGAPPA HARIJAN, AGE: 48 YEARS, OCC; AGRICULTURE, R/O. KOTTALAGI, TAL: ATHANI, DIST: BELAGAVI-591265. 7. SHARANAPPA PARASA HARIJAN, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI, TAL: ATHANI, DIST: BELAGAVI-591265. 8. RAYAPPA PARSA HARIJAN, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI, TAL: ATHANI, DIST: BELAGAVI-591265. MARUTI SATAPPA HARIJAN, SINCE DEAD LR DETAILS NOT AVAILABLE. 9. RATNABAI RAMA MALLANAVAR AGE: 48 YEARS, OCC: AGRICULTURE, R/O. KOTTALAGI, TAL: ATHANI, DIST: BELAGAVI-591265. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENTIRE PROCEEDING IN PTCL/2024-25/E-136146 DATED 02.04.2025 BEFORE THE RESPONDENT NO 3 VIDE ANNEXURE-J AND ISSUE ANY OTHER WRIT OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice on behalf o respondents No.1 to 4. 2. Notice to respondents No.5 to 9 is dispensed with. 3. Learned counsel for the petitioners would submit that the initiation of proceeding under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, is without jurisdiction on the premise that the vendors/respondents No.5 to 9 do not belong to the Scheduled Castes. 4. Learned Additional Government Advocate appearing for the respondents-State would submit that the petition is premature and the Assistant Commissioner has to decide all these questions. 5. This Court finds merit in the submission made by the learned Additional Government Advocate. - 6 - HC-KAR NC: 2025:KHC-D:14006 WP No. 105332 of 2025 Accordingly, the writ petition is dismissed without entering into the merits of matter. All contentions raised by the petitioners are kept open. The Assistant Commissioner shall pass orders after taking into consideration the Constitution (Scheduled Castes) Order, 1950, as applicable to the State of Karnataka, and any other relevant material that may be furnished by the parties before it. It is further made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM Ct:vh List No.: 1 Sl No.: 38