- 1 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35409 OF 2025 (SCST) BETWEEN: 1. SRI BHARATH BHUSHAN AGARVAL S/O M L GUPTA AGE ABOUT M LGUPTA AGE ABOUT 69 YEARS RESIDING AT DOOR NO.3/1174 ANNAPURNA GANDI ROAD CALICUT - 673 011 KERELA STATE … PETITIONER (BY SRI. PRAKASH M PATIL., ADVOCATE) AND: 1. THE DEPTUY COMMISSIONER MYSORE DISTRICT MYSORE - 570 001 2. ASSISTANT COMMISSIONER HANASURU SUB DIVISION HUNASURU MYSORE DISTRICT - 571 106 3. SMT GOWRI D/O LATE MADAIAH W/O K NAGAIAH Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 AGE MAJOR RESIDING AT YASHODHARAPURA VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 106 4. SRI V M SURESHA S/O LATE MADAIAH AGE MAJOR RESIDING AT YASHODHARAPURA VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 106 5. PRABHAVATHI @ MAHADEVAMMA D/O LATE MADAIAH AGE MAJOR RESIDING AT YASHODHARAPURA VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 106 6. SRI Y M KRISHNA S/O LATE MADAIAH AGE MAJOR RESIDING AT YASHODHARAPURA VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 106 7. SRI SHASHINDRAPPA S/O LATE MADAIAH AGE MAJOR RESIDING AT YASHODHARAPURA VILLAGE - 3 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 106 8. SRI V VENKATASWAMY S/O LATE VENKATAIAH AGE ABOUT 75 YEARS HOUSE NO.1776 ANIKETHANA ROAD KUVEMPUNAGAR MYSORE - 570 001 … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.08.2025 PASSED IN CASE NO. PTCL/13/2024 BY THE R2 AS PER ANNEXURE-A AND ETC. 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 accepts notice for respondents 1 and 2. 2. Petitioner who is the purchaser has approached this Court with the main grievance that the Assistant - 4 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 Commissioner under provisions of the Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 having ordered for restoration and appeal having been filed before the Deputy Commissioner under Section 49 of the Karnataka Land Revenue Act, the Deputy Commissioner has not considered the application for stay. 3. It is the case of the petitioner that the appeal has been taken on record by the Deputy Commissioner and despite application for stay, copy of which is produced at Annexure-G, the Deputy Commissioner has merely issued notice. 4. It must be noticed that the order of the Assistant Commissioner, copy of which is produced at Annexure A, would direct restoration of land to the grantees after Government takes over the land. If that were to be so and statutory appeal is filed, the Deputy Commissioner ought to have stayed the order at - 5 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 Annexure-A pending consideration of appeal. The non-consideration of the request of the petitioner by the Deputy Commissioner has seriously prejudiced the rights of the petitioner including resulting in change of revenue entries in the name of the Government even when appeal is pending. 5. Accordingly, the Deputy Commissioner is directed to consider the application of the petitioner filed seeking stay at Annexure-G. Till such consideration, there would be stay of the order of the Assistant Commissioner at Annexure-A. 6. Issuance of notice to the private respondents is dispensed with, in light of the limited grievance of the petitioner. It is clarified that the Court has not adjudicated on the merits of the matter, but has only relegated the petitioner back to the appellate authority with some interim protection. - 6 - HC-KAR NC: 2025:KHC:48944 WP No. 35409 of 2025 7. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP