- 1 - HC-KAR NC: 2026:KHC:33563 WP No. 1136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.1136 OF 2025 (SC/ST) BETWEEN: 1. SHRI. T. RAMACHANDRA S/O LATE TATEGOWDA AGED ABOUT 79 YEARS OLD R/AT NO.165, 18TH CROSS M.C. LAYOUT, BENGALURU CITY BENGALURU-560 040 PRESENTLY R/AT NO.3 2ND CROSS, 9TH 'B' MAIN HOSAHALLI, VIJAYANAGARA BENGALURU NORTH BENGALURU-560 040. …PETITIONER [BY SRI. H N BASAVARAJU, ADVOCATE (ABSENT)] AND: 1. ASSISTANT COMMISSIONER KOLARA SUB DIVISON KOLARA - 563 101. 2. SMT. VARALAKSHMAMMA D/O MUDAPPA W/O M V RAMAPPA R/AT MALLAPPANA HALLI AVNI HOBLI, MULABAGALU TALUK KOLAR DISTRICT-563 101. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33563 WP No. 1136 of 2025 3. SRI SATYENDRANATH S/O KODANDARAMA R/AT K R GARDEN MURUGESH PALYA AGAL, BENGALURU-560 017. 4. SRI T NAGARAJU S/O LATE TATEGOWDA R/AT DOLLARS COLONY BENGALURU-560 078. …RESPONDENTS (BY SMT. ANITHA N., AGA., FOR R.1 AND R.4; SRI. SAMARTH PRAKAH, ADVOCATE FOR R.2; VIDE ORDER DATED 29.06.2026 NOTICE TO R.4 IS DISPENSED WITH; R.3: SERVED AND UNREPRESENTED.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT ASSISTANT COMMISSIONER DATED 21.11.2024, IN CASE NO:LND SC ST 88/2023-14 AS PER ANNEXURE-F, ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:33563 WP No. 1136 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Learned counsel for the petitioner is absent. 2. The petitioner, in the instant petition, has challenged the impugned order dated 21.11.2024 passed by respondent no.1, the Assistant Commissioner, under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. 3. It is seen that there is an appeal provided to the jurisdictional Deputy Commissioner against the impugned order. However, on 20.01.2025, this Court passed the following order:- "Learned AGA is directed to accept notice for respondent No.1 - State. Heard learned Senior Counsel for the petitioner and learned AGA. - 4 - HC-KAR NC: 2026:KHC:33563 WP No. 1136 of 2025 Learned Senior Counsel assailing the order passed by respondent No.1 - Assistant Commissioner has raised two grounds. Firstly, he would contend that the petitioner being the subsequent purchaser is not heard in the matter before ordering restoration invoking Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. Secondly, even otherwise, on merits, he would point out that the order under challenge clearly contravenes the law laid down by the Hon'ble Apex Court in the case of NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER. He would also persuade this Court to examine the order in the light of the law laid down in the case of CHHEDI LAL YADAV & OTHERS VS. HARI KISHORE YADAV (DEAD) THROUGH L.RS. AND OTHERS. Since the petitioner's sale deed is of the year 1996 while his vendor's sale deed is also of the year 1996, I do find some force in the submission made by the learned Senior Counsel. The matter requires consideration at the hands of this Court. The order under challenge needs deeper examination in the light of the judgments cited supra. - 5 - HC-KAR NC: 2026:KHC:33563 WP No. 1136 of 2025 In that view of the matter, the execution and operation of the impugned order dated 21.11.2024 passed by respondent No.1 - Assistant Commissioner in Case No.LND SC ST 88/2013-14 as per Annexure-F is stayed until further orders." Issue emergent notice to respondent Nos.2 to 4." 4. As the petitioner is having an alternative and efficacious remedy before the jurisdictional Deputy Commissioner, the writ petition is hereby dismissed reserving liberty to the petitioner to approach the appropriate Authority in the manner known to law. However, the interim order granted on 20.01.2025 shall continue to be in force for a further period of six weeks from today. 5. The petitioner shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, if he were to file an appeal. Sd/- (M.I.ARUN) JUDGE VMB