- 1 - HC-KAR NC: 2025:KHC:38159 WP No. 28753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28753 OF 2025 (SCST) BETWEEN: SMT. D. G. GIRIJA W/O G N RAJENDRA AGED ABOUT 58 YEARS R/AT YALUVHALLI VILLAGE, KASABA HOBLI MULBAGAL TALUK, KOLAR DISTRICT - 563 131. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SR. COUNSEL FOR SRI. SOMASHEKHARA K.H, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR DISTRICT - 563 101. 2. THE TAHASILDAR MAULBAGALA TALUK, MULBAGAL, KOLAR DISTRICT - 563 131. 3. SRI. VENAKATARAMAIAH S/O AVALABHOVI AGED ABOUT 55 YEARS, 4. SRI. SRIRAM V S/O VENKATARAMAIAH AGED ABOUT 40 YEARS, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38159 WP No. 28753 of 2025 5. SRI. SHEKAR S/O VENKATARAMAIAH AGED ABOUT 35 YEARS, RESPONDENTS 3 TO 5 ARE RESIDENTS OF VENKATAPURA VILLAGE KASABA HOBLI, MULBAGAL TALUK KOLAR DISTRICT - 563 131. 6. SRI. VENKATARAMAIAH S/O AVALABHOVI AGED ABOUT 60 YEARS, VENKATAPURA VILLAGE KASABA HOBLI, MULBAGAL TALUK KOLAR DISTRICT - 563 131. …RESPONDENTS (BY SRI. ARUNA G.S, HCGP FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.09.2025 MADE IN NO. PTCL 122/2024 PASSED BY THE R1 VIDE ANNEXURE -A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 and 2. Notice to respondent Nos.3 and 4 is not necessary for the following reasons. - 3 - HC-KAR NC: 2025:KHC:38159 WP No. 28753 of 2025 2. The petitioner is aggrieved of the impugned order at Annexure-A, passed by the Assistant Commissioner, Kolar Sub-division in PTCL/122/2024 dated 09.09.2025. Learned High Court Government Pleader has raised a preliminary objection that there is an alternative efficacious remedy available for the petitioner under Section 5A of the Limitation Act, 1963. 3. Learned Senior Counsel Sri.Ashok Haranahalli appearing for the petitioners submits that it is evident from a plain reading of the impugned order that the order has been passed exparte, although it is stated that notice has been served on the petitioner by way of a paper publication. However, it is pointed out that the order was passed on 09.09.2025 and on 11.09.2025, a mutation order is passed by the Tahsildar in M.R.No.T5/2025-26 based on the orders passed by the Assistant Commissioner in the PTCL proceedings. Learned Senior Counsel submits that even before the appeal period is over, such action is taken by the Thasildar without following the rules and the - 4 - HC-KAR NC: 2025:KHC:38159 WP No. 28753 of 2025 procedure contemplated for resumption and restoration of the land in favour of the original grantees. 4. Although this Court finds that such action pursuant to the orders passed by the Assistant Commissioner is contrary to the rules and the procedure, nevertheless, the petitioner is required to approach the Deputy Commissioner seeking relief. Accordingly, the writ petition stands disposed of, granting liberty to the petitioner to approach the Deputy Commissioner by filing an appeal in terms of Section 5A of the Act. Further, having regard to the great hurry in which the revenue entries are sought to be mutated, there shall be an ad- interim order of stay insofar as the orders passed by the Assistant Commissioner at Annexure-A for a period of four weeks to enable the petitioner to approach the Deputy Commissioner and the Deputy Commissioner is also directed to consider any interim prayer made at the hands of the petitioner for further stay of the orders passed by the Assistant Commissioner. Needless to observe that the - 5 - HC-KAR NC: 2025:KHC:38159 WP No. 28753 of 2025 mutation entry made in M.R.T5/2025-26 dated 11.09.2025 shall also stand stayed awaiting further orders at the hands of the Deputy Commissioner. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16 CT: BHK