- 1 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34604 OF 2018 (SCST) BETWEEN: SRI. G. RAMAKRISHNA S/O LATE GUNDAPPA, AGED ABOUT 55 YEARS, NO.119, SOMESHWARA LAYOUT, 4TH WARD, DODDABALLAPUR, BENGALURU RURAL DISTRICT - 561 203. …PETITIONER (BY SRI. NAVEEN J N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER , BANGALORE RURAL DISTRICT, V.V.TOWER, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION, DODDABALLAPUR, BENGALURU RURAL DISTRICT - 561 203. 3. SRI. N.VASUDEV S/O SRI. NANJUNDAPPA, AGED ABOUT 45 YEARS, R/AT I WARD, DODDABALLAPUR, BENGALURU RURAL DISTRICT - 561 203. 4. SRI. H.K.PRAKASH S/O KEMPAIAH, AGED ABOUT 55 YEARS, HANUMANTHAPURA VILLAGE, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 MANCHENAHALLI POST, GUARIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT - 562 101. 5. SRI. VEERESH PEDDANNA GOWDER S/O SRI. KUBER GOWDA, AGED ABOUT 40 YEARS, R/AT YALAVATTI VILLAGE, SHIRAHATTI TALUK, GADAG DISTRICT - 582 101. 6. SRI. BYREGOWDA S/O LATE NARAYANAPPA, AGED ABOUT 41 YEARS, DODDAHJAJI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. SINCE DEAD BY LR'S R6(a) SMT. MUNIRATHNAMMA W/O LATE BYREGOWDA, AGED ABOUT 40 YEARS, R6(b) SRI. RADHAKRISHNA S/O LATE BYREGOWDA, AGED ABOUT 35 YEARS, R6(c) SMT. NAGARATHNA BHAIRAVI D/O LATE BYREGOWDA, AGED ABOUT 34 YEARS, ALL ARE RESIDING AT DOODAHJAJI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. (VIDE COURT ORDER DATED 18.09.2025). 7. SMT. G.R.GAYATHRI W/O SHMRAJU, - 3 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 NO.137, GUNDEMAGERE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. 8. SMT. K.N.VIJAYA W/O M.N.VENKATESHMURTHY, AGED ABOUT 42 YEARS, NO.480, KODIGEHALLI, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. 9. SMT. NAGARATHNAMMA W/O M.N.VENKATESHMURTHY, AGED ABOUT 43 YEARS, SHIVAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. 10. SMT. MANJULA D/O MAHADEGOWDA, AGED ABOUT 44 YEARS, HOSAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT - 561 203. 11. SMT. PADHAMMA W/O VENKATESHAPPA, AGED ABOUT 45 YEARS, HONNENAHALLI VILLAGE, SINGANAYAANAHALLI, YELAHANKA, BANGALORE - 560 064. SINCE DEAD BY LR'S 11(a) SRI. VENKATESHAPPA S/O VENKATESH, AGED ABOUT 55 YEARS, - 4 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 HONNENAHALLI VILLAGE, SINGANAYAANAHALLI, YELAHANKA, BANGALORE - 560 064 (VIDE COURT ORDER DATED 11.09.2024). 12. SRI. B. RAJU @ RAJANNA S/O BYANNA, AGED ABOUT 44 YEARS, PALANAJOGIHALLI VILLAGE, J.P.NAGAR, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALORE RURAL DISTRICT - 561 203. 13. K. RAMESH S/O K.GANGADHARAPPA, AGED ABOUT 40 YEARS, MANAMPALLI, HINDUPUR TALUK, ANANTHAPUR DISTRICT, ANDHRA PRADESH - 515 201. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 & R2; SRI. VENKATANARAYANA, ADVOCATE FOR SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R5, R7 TO R10, R11(a), R12, R13; SMT. PAVITHRA, ADVOCATE FOR R11(a), R6(a), (b) (c), SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-1 DATED 23.7.2018 AT ANNEX-K, K1, K2, K3, K4, K5, K6, K7 AND K8 TO THE WRIT PETITION. GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE ORDERS PASSED BY THE R-1 DATED 23.7.2018 AT ANNEX-K, K1, K2, K3, K4, K5, K6, K7 AND K8 TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN "B" GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the correctness of the orders passed at Annexures-K to K8 by the Deputy Commissioner, under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. 2. By virtue of the orders at Annexure-K series, the Deputy Commissioner had set aside the order of the Assistant Commissioner dated 03.07.2009 bearing No.PTCL/SR(DO)7/2005-06. The order of the Assistant Commissioner dated 03.07.2009 is with respect to an extent of 30 guntas in Sy. No. 15, new Sy. No.80 of Palunajogihalli Village, Kasaba Hobli, Doddaballapur Taluk, Bangalore Rural District. 3. It is the case of the petitioner that consequent to the order of restoration passed by the Assistant Commissioner, the grantees had sought for permission to - 6 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 sell which was granted by the Deputy Commissioner on 30.12.2014, copy of which is produced at Annexure-C. Consequent to such permission to sell, it is contended by the petitioner that he purchased a site through a sale deed dated 15.10.2015. It is submitted that the order of the Assistant Commissioner in case No. PTCL/SR(DO)7/2005- 06 though disposed off on 03.07.2009 came to be challenged by persons claiming under the grantees only in the year 2015 after unreasonable delay. It is further submitted that the petitioner who was the purchaser through sale deed dated 15.10.2015 was not made party in the appeal before the Deputy Commissioner and it is also contended that there was no application filed seeking condonation of delay. 4. Petitioner states that he is aggrieved by the order passed by the Deputy Commissioner at Annexure-K series whereby the order of the Assistant Commissioner came to be set aside and the matter was remanded for fresh consideration. It is the case of the - 7 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 petitioner that he being the purchaser through persons who are lawful title holders, ought to have been heard by the Deputy Commissioner. 5. On the other hand, learned counsel appearing for the private respondents submits that the sale deed relied upon by the petitioner was prior to the order of the Deputy Commissioner and accordingly, it is submitted that the petitioner cannot claim to have lawful title. It is further submitted that the private respondents were also not arrayed as parties before the Assistant Commissioner though they were affected parties and accordingly, the order of the Deputy Commissioner ought not to be interfered with. 6. It is not in dispute that the petitioner has obtained rights through a registered sale deed 15.10.2015. Such sale deed predates the orders of the Deputy Commissioner dated 23.07.2018 at Annexure-K series. The petitioner is definitely an affected party and is - 8 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 entitled to have his case pleaded before the Deputy Commissioner in light of the sale deed executed subsequent to the order of the Assistant Commissioner. 7. The Question as to whether the sale deed executed in favour of the petitioner is in accordance with law, in light of the contentions raised by the private respondents, are all matters that cannot be decided in the present proceedings. Noticing that the petitioner is an affected party in light of the sale deed dated 15.10.2015, the orders at Annexures-K to K8 are set aside and the matter is remanded for fresh consideration before the Deputy Commissioner for affording an opportunity to the petitioner to put forth his case as well. Petitioner is at liberty to seek to be impleaded in the proceedings before the Deputy Commissioner and if such application is filed, the same to be considered and appropriate orders be passed in light of the finding that the petitioner is also a necessary party. - 9 - HC-KAR NC: 2025:KHC:42462 WP No. 34604 of 2018 8. Accordingly, petition is disposed of. The orders at Annexures-K to K8 are set aside. Petitioner and all private parties to appear before the Deputy Commissioner without further notice on 10.11.2025. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP List No.: 1 Sl No.: 29