- 1 - HC-KAR NC: 2025:KHC:44455 WP No. 32388 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32388 OF 2025 (SCST-) BETWEEN: R. VANITHA AGED ABOUT 51 YEARS, R/AT NO.114, 13TH MAIN, IST STAGE, IST PHASE, GOKULA, MATHIKERE, BENGALURU - 560 054. …PETITIONER (BY SRI. MUTTAGUPPI RAMACHANDRA PUTTA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED THROUGH ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, 3RD GATE, 5TH FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDI, BANGALORE - 560 001. 2. ASSISTANT COMMISSIONER OFFICE OF ASSISTANT COMMISSIONER, NEAR COURT CIRCLE, KOLAR - 563 101. 3. RAMAKRISHNAPPA B.N., AGED ABOUT 64 YEARS, S/O MUNIVENKATANABOVI, R/AT ERAGAMUTHINAHALLI, KASABA HOBLI, MULABAGALU TALUK, KOLAR - 563 131. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44455 WP No. 32388 of 2025 4. SAROJAMMA, AGED ABOUT 50 YEARS, W/O RAMAKRISHNAPPA, IRAGAMUTTANAHALLI VILLAGE, KASABA HOBLI, MULBAGALU TALUK, KOLAR DISTRICT - 563 131. 5. R. SRIKANTH, AGED ABOUT 45 YEARS S/O RAMAKRISHNAPPA, IRAGAMUTTANAHALLI VILLAGE, KASABA HOBLI, MULBAGALU TALUK, KOLAR DISTRICT - 563 131. 6. R. NETRAVATI, AGED ABOUT 40 YEARS W/O RAMAKRISHNAPPA, IRAGAMUTTANAHALLI VILLAGE, KASABA HOBLI, MULBAGALU TALUK, KOLAR DISTRICT - 563 131. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 AND R2; VIDE ORDER DATED 03.11.2025, NOTICE TO R3 TO R6 IS WAIVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2/ASSISTANT COMMISSIONER IN CASE NO:PTCL/41/2023 DATED 24.06.2025 ENCLOSED HEREIN AS ANNX-D AS BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW, AND ETC., - 3 - HC-KAR NC: 2025:KHC:44455 WP No. 32388 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned High Court Government Pleader is directed to accept notice for respondents No.1 and 2. Notice to respondents No.3 to 6 is waived, in light of the petitioner being relegated to avail of the statutory remedy of appeal as regards the order at Annexure-D. 2. The order at Annexure-D is passed by the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act'). Noticing that as against the order of the Assistant Commissioner, there is a remedy of appeal under Section 5A of the Act, it would be appropriate that all contentions as raised in the present petition be kept open to be raised in the Appellate proceedings. - 4 - HC-KAR NC: 2025:KHC:44455 WP No. 32388 of 2025 3. Accordingly, the petition is disposed of. The petitioner is at liberty to take appropriate steps to furnish the order at Annexure-D before the Appellate authority. In light of relegating the petitioner to the Appellate authority and noticing the apprehension of dispossession, the impugned order would be kept in abeyance for a period of four weeks. Appeal to be filed within a period of three weeks. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR