- 1 - HC-KAR NC: 2025:KHC:46691 WP No. 34161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34161 OF 2025 (SCST) BETWEEN: 1. SMT. MALA @ MUNIYAMMA D/O SHAMBAPPA AND MUNI AKKAYAMMA AGED ABOUT 56 YEARS RESIDING AT KANNURAHALLI VILLAGE DODDAGATTIGANABBE POST KASABA HOBLI BENGALURU RURAL DISTRICT - 562 114 … PETITIONER (BY SRI. MADHUKAR NADIG., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR - 563 101 2. THE ASSISTANT COMMISSIONER KOLAR - 563 101 3. THE TAHASILDAR KOLAR - 563 101 4. SRI HANUMANTHAPPA S/O LATE VENKATIGE @ VENKATAPPA AGED ABOUT 74 YEARS RESIDING AT LAKSHMISAGARA VILLAGE Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46691 WP No. 34161 of 2025 NARASAPURA HOBLI KOLAR TALUK KOLAR DISTRICT - 563 101 NOW RESIDING AT CHINNASANDRA VILLAGE CHINNA SANDRA POST KASABA HOBLI CHINTHAMANI TALUK CHIKKABALLAPURA DISTRICT - 56210 5. SMT. SUNANDAMMA W/O P MANJUNATHA AGED ABOUT 61 YEARS R/O AT KANNURAHALLI VILLAGE DODDA GATTIGANABBI POST KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 6. SMT. NARYANAMMA W/O NAGARAJAPPA AGED ABOUT 56 YEARS R/O AT KANNURAHALLI VILLAGE DODDA GATTIGANABBI POST KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114 … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST RESPONDENT TO CONSIDER THE APPLICATION FILED ON 02.09.2025 BY THE PETITIONER IN PTCL NO. 135/2025 UNDER SECTION 55A OF LAND REVENUE ACT READ WITH SECTION - 3 - HC-KAR NC: 2025:KHC:46691 WP No. 34161 of 2025 151 OF CPC SEEKING FOR STAY OF THE IMPUGNED ORDER DATED 20.6.2025 PASSED IN THE PROCEEDINGS IN PTCL NO.28/2019 AND PASS APPROPRIATE ORDERS PENDING CONSIDERATION OF THE APPEAL FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT UNDER SECTION 5(1) OF THE KARNATAKA SCHEDULE CASTE AND SCHEDULE TRIBES (PROHIBITION OF CERTAIN LANDS) ACT 1978, IN THE INTEREST OF JUSTICE AND EQUITY (ANNEXURE-C) AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for respondents 1 to 3. 2. Petitioner who is the daughter of purchaser has called in question the correctness of the order of the Assistant Commissioner at Annexure-A before the Deputy Commissioner in appeal proceedings under the provisions of the Karnataka Scheduled Castes And Scheduled Tribes (Prohibition Of Transfer Of Certain Lands) Act, 1978. Petitioner having suffered an adverse order before the Assistant Commissioner though has filed an appeal before the Deputy Commissioner, it is submitted that the Deputy - 4 - HC-KAR NC: 2025:KHC:46691 WP No. 34161 of 2025 Commissioner without considering the request for grant of interim order has merely issued notice at Annexure-F. 3. It is the case of the petitioner that when a statutory right of appeal is filed and when the order of the Assistant Commissioner directs for restoration to the original grantee after declaring the sale deed to be void, if no interim order is passed by the Deputy Commissioner, the petitioner would suffer serious prejudice. 4. Taking note that admittedly the application for stay has been filed in the appeal proceedings, the mere issuance of notice on the appeal, rightfully as contended by the learned counsel for the petitioner would prejudice the right of statutory appeal of the petitioner. When the Assistant Commissioner directs for restoration of possession and statutory appeal is filed, the Deputy Commissioner ought to, in normal course unless other circumstances justify, pass an order staying the order of the Assistant Commissioner. - 5 - HC-KAR NC: 2025:KHC:46691 WP No. 34161 of 2025 5. In light of the limited contention raised and as the matter is being relegated to the Deputy Commissioner once again, notice to the private respondents is waived. The writ petition is disposed of in terms of the following: ORDER (a) There would be stay of the order of the Assistant Commissioner at Annexure-A till consideration of interim order by the Deputy Commissioner. (b) The matter is remitted to the Deputy Commissioner. (c) The Deputy Commissioner to pass order on the application for stay filed by the petitioner taking note of the above discussion. All contentions on merits are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP