- 1 - HC-KAR NC: 2025:KHC:45171 WP No. 24358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24358 OF 2025 (SCST-) BETWEEN: 1. SRI RAKESH KUMAR, S/O VASTHIMAL, AGED ABOUT 39 YEARS, RESIDING AT VASAVI MAHAL ROAD, CHITRADURGA TOWN, CHITRADURGA DISTRICT-577501. 2. SRI.B.DEVAPRASAD, S/O K.C.BHARMOJI, AGED ABOUT 59 YEARS, RESIDING AT NO.5, 3RD MAIN ROAD, PIPELINE ROAD, MALLASANDRA, T. DASARAHALLI, BENGALURU-560057. …PETITIONERS (BY SRI. K. VIJAYA KUMAR.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G ROAD, BENGALURU -560009. 2. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVAN, K.G ROAD, BENGALURU -560009. 3. THE TAHSILDAR BENGALURU EAST TALUK BENGALURU-560036 5. SRI.SHEKAR, S/O LATE PERUMALAIAH, AGED ABOUT 52 YEARS, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45171 WP No. 24358 of 2025 RESIDING AT BYREGOWDANAHALLI, DASANAPURA HOBLI, BENGALURU-562123. …RESPONDENTS (BY SRI. V. SHESHU HCGP) THIS WRIT PETITION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH/SET ASIDE THE ORDER DTD 2.06.2025 PASSED BY THE R-1 IN PTCL APPEAL NO. 49/2025 ANNX-A CONSEQUENTLY ALLOW THE IA FILED UNDER SECTION 151 OF THE CPC ANNX-E BY ALLOWING THIS WP GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE ORDER DTD 20.03.2025 PASSED BY THE R-2 IN NO. K SC ST (BN) 01/2024 ANNX-C IN RESPECT OF THE LAND IN SY NO. 17 MEASURING 11 GUNTAS OUT OF 12 GUNTAS AND SY NO. 18 MEASURING 32 GUNTA OUT OF 01 ACRE 34 GUNTAS SITUATED AT BYREGOWDANAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK AND LAND BEARING SY NO. 17 MEASURING 01 GUNTAS OUT OF 12 GUNTAS AND SY NO. 18 MEASURING 01 ACRE 2 GUNTAS OUT OF 01 ACRE 34 GUNTAS SITUATED AT BYREGOWDANAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:45171 WP No. 24358 of 2025 ORAL ORDER The petitioners as the purchasers have assailed the action of the respondent-Deputy Commissioner in merely issuing notice in the appeal filed by the petitioners without considering the application for stay of the order of the Assistant Commissioner. 2. It is noticed that the Assistant Commissioner has passed an order directing restoration of the possession after declaring the sale deed as null and void. 3. It is the case of the petitioners that the said order has been assailed on various grounds before the Deputy Commissioner and if no order of stay of the order of the Assistant Commissioner is passed, there is a likely hood that, authorities may initiate proceedings for recovery of possession and accordingly the apprehension of the petitioners in the form of legal grievance ought to have been considered when the appeal was filed before the Deputy Commissioner. - 4 - HC-KAR NC: 2025:KHC:45171 WP No. 24358 of 2025 4. It is submitted that by mere issuance of notice on the appeal filed by the petitioners, the legal grievance regarding threat of dis-possession does not stand redressed. 5. Whenever an appeal is filed especially in matters like the present, where the Assistant Commissioner has directed for restoration, if the Deputy Commissioner were not to pass an order of stay, there would be a serious threat to the possession of the purchaser as in the present case. The petitioners faces threat of losing the possession by virtue of proceedings for recovery of the possession that may be initiated pursuant to the impugned order. 6. In the light of the same, the Deputy Commissioner to consider and pass an appropriate orders on I.A. filed under 151 of the CPC, enclosed at Annexure-E within a period of four weeks from the date of submitting the certified copy of this order. 7. Till then, there would be stay of the order of the Assistant Commissioner at Annexure-C. The petition itself is disposed of without notice to the private respondent as the - 5 - HC-KAR NC: 2025:KHC:45171 WP No. 24358 of 2025 petitioners being relegated to the Deputy Commissioner and only limited protection is granted to the direction to the Deputy Commissioner to dispose of the I.A. for stay. 8. Learned Additional Government Advocate is directed take notice for respondents No.1 to 3. 9. Accordingly, the writ petition stands disposed of . Sd/- (S SUNIL DUTT YADAV) JUDGE HR