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2025 DAILYLAW 83553 (KAR)

SRI BANDEPPA v. THE STATE OF KARNATAKA

WP/34204/2025 · 2025-11-17

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47013 WP No. 34204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34204 OF 2025 (SCST) BETWEEN: 1. SRI BANDEPPA S/O LATE RANGAPPA AGED ABOUT 68 YEARS 2. SRI PUTTARANGAPPA S/O LATE RANGAPPA AGED ABOUT 65 YEARS 3. SRI SANNERAPPA S/O LATE RANGAPPA AGED ABOUT 53 YEARS, 4. SRI ERANNA S/O LATE NAGARAJAPPA AGED ABOUT 54 YEARS, 5. RAJANNA S/O LATE NAGARAJAPPA AGED ABOUT 53 YEARS, ALL THE PETITIONER NO.1 TO 5 ARE R/AT: BANAGARAHALLI, DODDERI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT, … PETITIONERS (BY SRI. SUNDARESH H C., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47013 WP No. 34204 of 2025 AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 101 3. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION, MADUGIRI - 572 132 4. THE TAHASILDHAR MADHUGIRI TALUK, MADHUGIRI, TUMAKURU DISTRICT - 572 132 5. SRI GOVINDAPPA S/O LATE PAPANNA AGED ABOUT 73 YEARS, R/AT BANAGARAHALLI, DODDERI HOBLI, MADHYGIRI TALUK, TUMAKURU DISTRICT - 572 132 … RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED BY THE R3 IN PTCL/31/2022 DATED 12.09.2025 AS PER ANNEXURE-C AND ETC. - 3 - HC-KAR NC: 2025:KHC:47013 WP No. 34204 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 The petitioner has sought for setting aside of the order passed by the Assistant Commissioner at Annexure-C. 2. The petitioner has also sought for issuance of writ of mandamus to direct the respondent Deputy Commissioner to consider the application filed by the petitioner seeking stay of the order of the Assistant Commissioner which is part of the appeal memorandum. 3. The petitioner submits that he is the purchaser and having suffered an order whereby the Sale Deed executed in his favour has been declared to be void as being in violation of the provisions of the PTCL Act and the Assistant Commissioner has directed restoration of land to the grantees. The petitioner has challenged the said order of the Assistant Commissioner and before the Deputy - 4 - HC-KAR NC: 2025:KHC:47013 WP No. 34204 of 2025 Commissioner by filing an appeal. Copy of the appeal memorandum is enclosed at Annexure-D. 4. It is submitted that though application for stay has been filed along with the appeal memorandum annexed at Annexure-E, the Deputy Commissioner has not considered the said application and merely issued notice to the other side. Petitioner submits that there is likelihood of efforts being taken to implement the order of the Assistant Commissioner pending consideration of the appeal which would seriously prejudice the petitioner. 5. In light of the same, it would be appropriate to direct the Deputy Commissioner to pass orders on the application at Annexure-E and until then to protect the petitioner. 6. Accordingly, there would be stay of the order of the Assistant Commissioner till the Deputy Commissioner passes necessary orders on the application at Annexure-E - 5 - HC-KAR NC: 2025:KHC:47013 WP No. 34204 of 2025 pending in the appeal filed by the petitioner before the Deputy Commissioner. 7. Accordingly, the petition is disposed off. It is necessary to observe that notice to 5th respondent is dispensed with as court is merely relegating consideration of the application for stay to the Deputy Commissioner and no order on merits as such has been passed. 8. Learned Additional Government Advocate accepts notice for respondent nos.1 to 4. Sd/- (S SUNIL DUTT YADAV) JUDGE NP