- 1 - HC-KAR NC: 2025:KHC:35258 WP No. 26814 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.26814 OF 2024 (KLR-RES) BETWEEN: 1. CHANDRAKALA W/O. RAMCHANDRA AGED ABOUT 39 YEARS R/O. CHANDANKERE VILLAGE, BHADRAVATI SHIVAMOGGA KARNATAKA – 577 227. 2. AKSHAY S/O. RAMCHANDRA AGED ABOUT 20 YEARS R/O. CHANDANKERE VILLAGE, BHADRAVATI SHIVAMOGGA KARNATAKA – 577 227. …PETITIONERS (BY SRI SHRAVAN BHARADWAJ B. V., ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER SHIVAMOGGA – 577 201. 2. THE ASSISTANT COMMISSIONER SHIVAMOGGA – 577 201. 3. TAHSILDAR BHADRAVATHI – 577 301. 4. RANGAPPA BHOVI S/O. LATE LAKSHMAPPA Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35258 WP No. 26814 of 2024 AGED ABOUT 49 YEARS R/O. BOMMANKATTE VILLAGE GUNDIGERI CAMP, HOLEHONNUR HOBLI BHADRAVATHI TALUK – 577 204. …RESPONDENTS (BY SRI V. SESHU, H.C.G.P., FOR R-1 TO R-3; SRI M. P. SRIKANTH, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.05.2024 BEARING RA.NO.32 OF 2023 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND CONSEQUENTLY RETAIN THE REVENUE RECORDS IN THE NAME OF THE PETITIONERS. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objection raised on I.A.No.1/2025 is overruled. The grievance of the petitioners is that by virtue of the impugned order passed by the Deputy Commissioner under Section 136(3), invoking revisional powers under the provisions of the Karnataka Land Revenue Act, the name of petitioner No.1 which was entered in the revenue records are directed to be removed. - 3 - HC-KAR NC: 2025:KHC:35258 WP No. 26814 of 2024 2. Learned Counsel for the petitioners submits that the undisputed facts are that petitioner No.1 purchased the lands in question on 04.10.2011. Respondent No.4 was one of the signatories to the sale deed as a vendor. When the name of petitioner No.1 was not entered in the revenue records pursuant to the sale deed, the petitioner No.1 filed an appeal before the Assistant Commissioner and the Assistant Commissioner passed an order on 05.08.2016 allowing the appeal in PDA No.52/2012-13 and directed the Tahsildar to enter the name of petitioner No.1 in the revenue records on the strength of the registered sale deed. 3. The respondent No.4 herein approached the Deputy Commissioner invoking the revisional powers under Section 136(3) of the Act and the Deputy Commissioner has passed the impugned order setting aside the order passed by the Assistant Commissioner on the ground that the land in question has been granted to persons belonging to Scheduled Tribe category and it is in - 4 - HC-KAR NC: 2025:KHC:35258 WP No. 26814 of 2024 violation of the conditions of grant. Learned Counsel submits that in a proceeding under the provisions of the Karnataka Land Revenue Act, more particularly Chapter XI of the Act, which pertains to Record of Rights, the revenue authorities cannot decide that the land in question has been granted to persons belonging to Scheduled Castes or Scheduled Tribes and cannot decline to enter the name of petitioner No.1, although there is a registered sale deed executed in favour of petitioner No.1. 4. There is substance in the submission of the learned Counsel for the petitioners. Learned Counsel for respondent No.4 has admitted that it is only in the year 2013 that an application has been filed before the Assistant Commissioner invoking Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and the said application has not yet been disposed of. Therefore, unless there is a declaration made by the competent authority under the provisions of the PTCL Act - 5 - HC-KAR NC: 2025:KHC:35258 WP No. 26814 of 2024 that the sale made in favour of petitioner No.1 is void, the petitioner is entitled to have her name continued in the revenue records on the strength of the registered sale deed. 5. In that view of the matter, the writ petition is allowed. The impugned order dated 30.05.2024 at Annexure ‘A’ passed by the Deputy Commissioner is hereby quashed and set aside. The name of petitioner No.1 is directed to be restored in the revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE JT/- CT:VC