Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27026 WP No. 23343 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23343 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
SRI. THIMMAIAH S/O. LATE VENKATARAMANAIAH, AGED ABOUT 63 YEARS, R/AT DODDAGOLLAHALLI MAJARE BHOVE PALYA VILLAGE, KANAKUPPE POST, HEBBURU HOBLI, TUMAKURU TALUK-572 120. …PETITIONER (BY SRI. NARASIMHARAJU, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU-572 101.
3.
THE TAHSILDAR TUMAKURU TALUK, TUMAKURU - 572 102.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27026 WP No. 23343 of 2025
4.
THE DEPUTY TAHSILDAR, NADAKACHERI, HEBBUR, TUMAKURU TALUK, TUMAKURU-572102.
5.
THE REVENUE INSPECTOR, HEBBURU HOBLI, TUMAKURU TALUK-572 120. …RESPONDENTS (BY SMT. B.P. RADHA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 19.05.2023 IN NO. RI (DIS) CR:17/2023-24 AS PER ANNEXURE -A; DIRECT THE RESPONDENT TO EFFECT THE MUTATION IN THE NAME OF THE PETITIONER AS PER REGISTERED SALE DEED DATED 13.03.2023 AT ANNEXURE -B RESPECT OF THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. In this writ petition, petitioner is assailing the order dated 19.05.2023 in No.RI(DIS)CR:17/2023-24 as per Annexure-A, passed by respondent No.4.
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HC-KAR NC: 2026:KHC:27026 WP No. 23343 of 2025
3. Sri. Narasimharaju, learned counsel appearing for the petitioner, contended that, respondent No.4 has no jurisdiction to pass the impugned order at Annexure-A in view of the fact that the land in question comes within the purview of the Karnataka Scheduled Casts and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the 'PTCL Act'), and accordingly, sought for interference of this Court.
4. Per contra, Smt. B.P. Radha, learned Additional Government Advocate, sought to justify the impugned order stating that respondent No.4 has passed the impugned order after verifying the papers.
5. I have carefully considered the writ petition papers in the light of the submissions made by the learned counsel appearing for the parties. On careful consideration of the order at Annexure-A would indicate that, respondent No.4 has come to the conclusion that the land in question comes within the purview of the PTCL Act, however, on careful consideration of the provisions contained in the PTCL Act, I am of the view that, respondent No.4 has no jurisdiction to issue the impugned
order at Annexure-A and it is only the Assistant
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HC-KAR NC: 2026:KHC:27026 WP No. 23343 of 2025
Commissioner and above rank officials are empowered to take decision in terms of the provisions contained in the PTCL Act.
6. In that view of the matter, I pass the following:
ORDER
(i) The Writ Petition is allowed.
(ii) The
order dated 19.05.2023 in No.RI(DIS)CR:17/2023-24 passed by respondent No.4 is hereby set aside.
(iii) Respondent No.3 is directed to effect mutation in the name of the petitioner in terms of the registered Sale Deed dated 13.03.2023, within four weeks from the date of receipt of certified copy of this order.
(iv) I.A.1/2025 and I.A.1/2026 stand allowed accordingly.
SD/- (E.S.INDIRESH) JUDGE
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