- 1 - HC-KAR NC: 2025:KHC:45413 WP No. 33562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 33562 OF 2025 (SC/ST) BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE GOVINDAPPA, AGED ABOUT 80 YEARS, 2. SRI. CHAMARAJU, S/O LATE GOVINDAPPA, AGED ABOUT 62 YEARS, 3. SRI. YUVARAJU G, S/O LATE GOVINDAPPA, AGED ABOUT 60 YEARS, 4. SRI. BASAVARAJU, S/O LATE GOVINDAPPA, AGED ABOUT 55 YEARS, ALL ARE R/AT GOPADEVARAHALLI, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU. …PETITIONERS (BY SRI. SUNDARESH H. C., ADV.) AND: 1. THE STATE OF KARNATAKA PRINCIPAL SECRETARY, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45413 WP No. 33562 of 2025 REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572 101. 3. THE ASSISTANT COMMISSIONER, MADUGIRI SUB DIVISION, MADUGIRI- 572 132. 4. THE TAHASILDHAR, SIRA TALUK, SIRA, TUMAKURU DISTRICT- 572 137. 5. SRI RANGAIAH S/O LATE LAKKAPPA, AGED ABOUT 55 YEARS, R/AT SHESHANAHALLI, ANKASANDRA, CHELUR HOBLI, SIRA TALUK, TUMAKURU- 572137. …RESPONDENTS (BY SRI SESHU V., HCGP FOR R1 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS FOR STAY ALONG WITH THE APPEAL MEMO BEARING PTCL/37/2025 AND E-CHALLAN FILED THROUGH ONLINE MODE AS PER ANNX-H, J AND K AND DISPOSE THE APPEAL EXPEDITIOUSLY. 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:45413 WP No. 33562 of 2025 ORAL ORDER The petitioners who are the purchasers have called in question the action of the Deputy Commissioner issuing notice on their appeal, without considering the application for stay of the order of the Assistant Commissioner. 2. It is the case of the petitioners who are the purchasers that the Assistant Commissioner in the proceedings in PTCL case No.24/2023 has allowed the application for restoration and passed an order on 09.10.2025. It is submitted that, the appeal before the Deputy Commissioner has been presented on 27.10.2025 and the Deputy Commissioner has merely issued notice on the appeal memorandum without considering I.A for stay. It is submitted that, there is likelihood of petitioners being dispossessed by proceedings taken consequent to the order of the Assistant Commissioner, if order of the Assistant Commissioner is not stayed in the appeal. - 4 - HC-KAR NC: 2025:KHC:45413 WP No. 33562 of 2025 3. Taking note of the facts on hand, it must be noticed that when the order of the Assistant Commissioner had directed restoration and against which an appeal is filed, the Deputy Commissioner cannot as a matter of course, issue notice without considering the application for stay, which in the present case is enclosed at Annexure-J. Non-consideration of passing of order at Annexure-J will only result in proceedings taken for recovery of possession from the petitioners which would prejudice the petitioners when appeal is still pending. Accordingly, petition could be disposed of as follows: a) The Deputy Commissioner to advance the case and take up consideration of application at Annexure-J. b) Till consideration of the application at Annexure-J, the order of the Assistant Commissioner would stand stayed. - 5 - HC-KAR NC: 2025:KHC:45413 WP No. 33562 of 2025 c) Notice, however is dispensed with as regards respondent No.5 as merely relegating the matter back before the Deputy Commissioner for consideration of application for stay and not passing any order which would otherwise prejudice to the fifth respondent. d) Accordingly, writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE NC CT:bms List No.: 1 Sl No.: 16