- 1 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22086 OF 2025 (SC-ST) BETWEEN: 1. SMT. THIMMAKKA WIFE OF LATE ANJANEYA, AGED ABOUT 78 YEARS, R/A KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060. 2. SRI. GOVINDARAJU, SON OF LATE ANJANEYA, AGED ABOUT 57 YEARS, R/A KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060. …PETITIONERS (BY SRI. FAYAZ SAB B.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, DR. B.R. AMBEDKAR VEDHI, M.S. BUILDING, BENGALURU - 560 001. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G.ROAD, BENGALURU - 560 009. 4. THE TAHASILDAR, BENGALURU SOUTH TALUK, BENGALURU - 560 009. 5. SMT. LAKSHMAMMA, D/O. LATE ANJANEYA, AGED ABOUT 57 YEARS, R/A VEERABADRANA PALYA, KASABA HOBLI, DODDABALLAPURA-561 203. 6. SRI. A. HANUMANTHARAYAPPA, SON OF LATE ANJANEYA, AGED ABOUT 57 YEARS, R/A VEERABADRANA PALYA, KASABA HOBLI, DODDABALLAPURA-561 203. 7. SRI. HANUMANTHARAYAPPA.V, SON OF LATE VEERAIAH, AGED ABOUT 47 YEARS, R/A NO.95, JANATHA COLONY, MARIYAPPANA PALYA, BENGALURU-560 026. 8. SMT. L. DEEPA WIFE OF HANUMANTHARAYAPPA.V, AGED ABOUT 45 YEARS, - 3 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 R/A NO.95, JANATHA COLONY, MARIYAPPANA PALYA, BENGALURU - 560 026. 9. KUMARI. H. SAHANA. D/O. HANUMANTHARAYAPPA. V. AGED ABOUT 20 YEARS, R/A NO.95, JANATHA COLONY, MARIYAPPANA PALYA, BENGALURU - 560 026. 10. MASTER SAGAR MOURYA, SON HANUMANTHARAYAPPA. V, AGED ABOUT 18 YEARS, R/A NO.95, JANATHA COLONY, MARIYAPPANA PALYA, BENGALURU - 560 026. 11. SMT. RASHMI RAVIKIRAN, WIFE OF LATE C.N. RAVIKIRAN, AGED ABOUT 48 YEARS, R/A NO.1906, E-BLOCK, 7TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010. 12. SRI. TEJAS KIRAN, SON OF LATE C.N. RAVIKIRAN, AGED ABOUT 24 YEARS, R/A NO.1906, E-BLOCK, 7TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010. 13. SRI. SHREYAS KIRAN, SON OF LATE C.N. RAVIKIRAN, AGED ABOUT 20 YEARS, - 4 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 R/A NO.1906, E-BLOCK, 7TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560 010. 14. SMT. MAYAMMA, WIFE OF LATE C.M. NAGARAJ, AGED ABOUT 72 YEARS, R/A NO.1906, E-BLOCK, 7TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU - 560010. …RESPONDENTS (BY SRI. ARUNA G.S, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 F THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE DIRECTING THE R-2 TO STOP OR STALL ALL FURTHER PROCEEDINGS IN PTCL NO. 9/2023 VIDE ANNEXURE-E PENDING DISPOSAL OF THE ORIGINAL SUIT IN OS NO. 1980/2021 IS PENDING FOR ADJUDICATION BEFORE THE IV ADDL SENIOR CIVIL JUDGE BENGALURU RURAL DIST BENGALURU, VIDE ANNEXURE-H 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 Additional Government Advocate is directed to take notice for respondent Nos.1 to 4. Notice to other respondents is not necessary for the following reasons: - 5 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 2. The petitioners are seeking a direction at the hands of this Court that the proceedings in PTCL.No.9/2023 pending consideration before the Deputy Commissioner, Bengaluru Urban District, be stayed till disposal of O.S. No.16216/2023. 3. On perusal of the material available on record, it is clear that although the Deputy Commissioner had passed an order in the said proceedings on 01.04.2023 resuming and directing restoration of the land in question in favour of the legal representatives of the original grantee Sri.Anjaneya, nevertheless, the said order of the Deputy Commissioner was set aside by this Court in W.P.No.16216/2023 by order dated 22.08.2023. It is also a fact that as between the persons claiming to be the legal representatives of the original grantee, in another writ petition i.e., W.P.No.26080/2023 by order dated 22.11.2024 a Co-ordinate Bench of this Court held that the question whether the petitioners are indeed the legal heirs of original grantee Sri.Anajaneya or not is a question which will have to be necessarily adjudicated upon in O.S.No.1980/2021. The prayer in this writ petition is therefore, to stay all further - 6 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 proceedings in the PTCL matter before the Deputy Commissioner till the lis in O.S.No.1980/2021 is decided. 4. This Court is of the considered opinion that unless the competent authority finally adjudicates and decides that the sale deeds pertaining to the lands in question are void and the lands are directed to be resumed and restored in favour of the original grantee or his legal heirs, the issue as to who are the legal heirs cannot be adjudicated. Even otherwise, if there is adjudication in the suit in O.S.No.1980/2021, that declaration will enure to the benefit of the person in whose favour a declaration is made, only after such an order is passed by the competent authority under the provisions of the Karnataka Scheduled Caste & Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978. 5. In that view of the matter, this Court is of the considered opinion that such a direction cannot be given staying the proceedings before the Deputy Commissioner. 6. The writ petition is accordingly dismissed. - 7 - HC-KAR NC: 2025:KHC:29563 WP No. 22086 of 2025 Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK