- 1 - HC-KAR NC: 2025:KHC:35317 WP No. 27306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27306 OF 2025 (SCST) BETWEEN: AJAM KHAN S/O LATE KARIM KHAN, AGED ABOUT 53 YEARS, R/AT: NO.210, VASTHADA ICON, H.B.R LAYOUT, 2ND BLOCK, 1ST STAGE, KACHARAKANAHALLI, BENGALURU - 560 084 &PETITIONER (BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL FOR SRI. SAGAR V. SHASTRI, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDI, BANGALORE - 560 001. REPRESENTED BY ITS SECRETARY. 2. DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563103. 3. ASSISTANT COMMISSIONER KOLAR DISTRICT, KOLAR 563103. 4. SRI NALLAMOTTU SRINIVAS RAO, S/O VENKATESWARA RAO, AGED MAJOR, R/AT NO. 6-102, JAGGIAHPETE, ANDRA PRADESH - 521175. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35317 WP No. 27306 of 2025 5. M. SRIRAM S/O MUNIVENKATAPPA, AGED MAJOR, R/AT: AGNIHALLI VILLAGE, KASABA HOBLI, BANGARPET TALUK, KOLAR - 563 104. &RESPONDENTS (BY SRI. ARUNA G.S., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.2 TO CONSIDER THE APPLICATION FOR STAY, AS PER ANNEXURE D FILED BY THE PETITIONER IN PTCL NO. 115/2025 PENDING ON THE FILE OF RESPONDENT NO.2 AND ETC., THIS WP, COMING ON FOR ORDERS, 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 respondents No.1 to 3. Notice to respondents No.4 and 5 is not necessary for the following reasons. 2. Learned Senior counsel appearing for the petitioner submits that although the petitioner purchased the lands in - 3 - HC-KAR NC: 2025:KHC:35317 WP No. 27306 of 2025 question in the year 2013, nevertheless application under Section 5 of the Karnataka SC/ST (PTCL) Act,1978 was filed by respondent No.5 herein in the year 2024 before the Assistant Commissioner and the Assistant Commissioner passed an order on 11.06.2025 which the petitioner was not aware of. The petitioner has filed an appeal before the Deputy Commissioner on 18.08.2025 along with an application for stay of the orders passed by the Assistant Commissioner. However, the Deputy Commissioner has not passed any order on the interim application filed by the petitioner and has only issued notice to the respondents. 3. In the normal circumstances as narrated herein above, it is the bounden duty of the Deputy Commissioner to have considered passing an order of stay having regard to the grievance made out by the petitioner. 4. In that view of the matter, the writ petition stands disposed of staying the orders passed by the Assistant Commissioner, till the appearance of respondents No.4 and 5 before the Deputy Commissioner. The Deputy Commissioner shall consider the interim application filed by the petitioner for - 4 - HC-KAR NC: 2025:KHC:35317 WP No. 27306 of 2025 stay after the appearance of respondents No.4 and 5 and pass necessary orders, in accordance with law. Sd/- (R DEVDAS) JUDGE MKM CT:VS List No.: 1 Sl No.: 20