- 1 - HC-KAR NC: 2025:KHC-D:15001 WP No. 107438 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107438 OF 2025 (SCST) BETWEEN: 1. SMT. HARIJANA HOLIYAMMA D/O THAYAPPA, AGE. 85 YEARS, OCC. HOUSE WIFE, 2. SRI. HARIJANA SHANKRAPPA S/O THAYAPPA, AGE. 68 YEARS, OCC. AGRICULTURE, 3. SMT. LAKSHAMMA W/O H. HULUGAPPA, AGE. 56 YEARS, OCC. HOUSE WIFE, 4. SMT. GIRIJAMMA HARIJANA W/O HARIJANA SHIVAPPA, AGE. 39 YEARS, OCC. HOUSE WIFE, 5. SRI. YOGESH S/O H. HULUGAPPA, AGE. 32 YEARS, OCC. AGRICULTURE, 6. SRI. HARIJANA SWAMY S/O THAYAPPA, AGE. 63 YEARS, OCC. AGRICULTURE, 7. SMT. PARVATHAMMA HARIJANA W/O LATE HARIJANA THAYAPPA, AGE. 38 YEARS, OCC. HOUSE WIFE, 8. SRI. KIRAN KUMAR S/O LATE HARIJANA THAYAPPA, AGE. 22 YEARS, OCC. AGRICULTURE, ALL ARE R/O: OLD MALAPANAGUDI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR-583 239. … PETITIONERS (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15001 WP No. 107438 of 2025 AND: 1. THE STATE OF KARNATAKA, R/BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-580 001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR, DIST. VIJAYANAGAR-591 222. 3. ASSISTANT COMMISSIONER, HOSAPETE, DIST. VIJAYANAGAR-591 222. 4. TAHASHILDAR, HOSAPETE, DIST. VIJAYANAGAR-591 222. 5. SRI. HARIJANA MALLIKARJUNA, S/O SAMADEPPA, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. HOSA MALAPANAGUDI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR-591 222. 6. SRI. HARIJANA SHIVAPPA S/O H. HULAGAPPA, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. HOSA MALEPPANAGUDI VILLAGE, TQ. HOSAPETE, DIST. VIJAYANAGAR-591 222. … 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 THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY RESPONDENT NO. 2 IN PTCL NO.03/2025 DATED 02/07/2025 VIDE ANNEXURE-D AND ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY RESPONDENT NO.3 IN A.VILE : SUM: KUM : PTCL : APPEAL : 274 : 2021-22 DATED 27/02/2024 VIDE ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15001 WP No. 107438 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 02.07.2025 passed by 2nd respondent-Deputy Commissioner and also the order dated 27.02.2024 passed by 3rd respondent-Assistant Commissioner. In terms of the order passed by the Assistant Commissioner, the appeal filed by the petitioners is dismissed and the Deputy Commissioner by dismissing the revision petition in terms of the impugned order has confirmed the order passed by the Assistant Commissioner. 2. Learned counsel for the petitioners submits that the property was granted to petitioners’ ancestors in the year 1943 with a condition that the property shall not be sold without the permission of the Government. He submits that the property was sold to an ancestor of respondent No.5 in the year 1967. However, there was no mutation based on the said sale deed and later mutation came to be certified based on the said sale deed of 1967 in the year 2008. 3. The petitioners questioned the said mutation and the Deputy Commissioner in the revision remanded the matter to the - 4 - HC-KAR NC: 2025:KHC-D:15001 WP No. 107438 of 2025 Tahsildar to decide the case under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (‘Act of 1978’). Thereafter, the Assistant Commissioner passed an order dismissing the appeal on the ground that it is sold in 1967 before the commencement of Act of 1978. The Deputy Commissioner dismissed the revision on the ground that no document is produced to show that the land was granted. 4. Learned counsel the petitioners would submit the matter requires to be remanded to the Deputy Commissioner to consider the case under the provisions of the Act of 1978 as the land was granted in the year 1943. 5. This Court does not find any merit in the said contention. Admittedly, the property was granted in 1943 and was sold in 1967 before the commencement of Act of 1978. Thus, the provisions of the Act of 1978 would not apply. 6. Assuming that the condition imposed in the grant order is violated by transferring the property without the permission of the Government, the property covered by the grant order would go to the Government and not to the - 5 - HC-KAR NC: 2025:KHC-D:15001 WP No. 107438 of 2025 petitioners, as it is not a case falling under the Provisions of Act of 1978. 7. In addition to that, assuming that there is a violation of the condition of the grant order, the Government has not taken any action so far. 8. In that view of the matter, the petitioners have no locus to question the sale which has taken place in 1967. 9. Under these circumstances, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 17