Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010447562026 NC: 2026:KHC:36424 WP No. 20286 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20286 OF 2026 (SC/ST)
BETWEEN:
1.
SMT. MUNIYALLAMMA D/O. LATE MUNISWAMY, W/O.BALAPPA, AGED ABOUT 70 YEARS, RESIDING AT KHAJI HOSAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK-562 114 BENGALURU RURAL DISTRICT.
…PETITIONER
(BY SRI. BHADRINATH R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY PRINCIPAL SECRETARY.
2.
THE TAHSILDAR, HOSKOTE TALUK, HOSKOTE-562 114, BENGALURU RURAL DISTRICT.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010447562026 NC: 2026:KHC:36424 WP No. 20286 of 2026
3.
THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562 110, BENGALURU RURAL DISTRICT.
4.
THE ASSISTANT COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562 110, BENGALURU RURAL DISTRICT.
…RESPONDENTS
(BY SMT. ANITHA, AGA.,)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE FORM NO.III, DATED 20.11.2024 FILED UNDER RULE-6(1) OF THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) RULES 1979 BY THE PETITIONER TO THE RESPONDENT NO.2/TAHSILDAR, HOSKOTE TALUK AS FOUND AT ANNEXURE-A AND REPRESENTATION DATED 15.01.2025 FILED BY THE PETITIONER TO THE RESPONDENT NO.3 AS FOUND AT ANNEXURE-B IN RESPECT OF SCHEDULE PROPERTY, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR
CNR: KAHC010447562026 NC: 2026:KHC:36424 WP No. 20286 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioner is said to be the daughter of the original grantee of the land which is the subject matter of the writ petition. The non-alienation period subject to which the grant was made is said to have expired. Petitioner is desirous of selling the land. Hence, she has made a representation to respondent No.3 - Deputy Commissioner to grant the necessary permission. As the same has not been granted, the present writ petition is filed with the following prayers:-
"i. To issue writ in the nature of Mandamus to the respondent No.2 & 3 to consider the Form No.III, dated 20.11.2024 filed under Rule-6(1) of the Karnataka Scheduled Castes and Scheduled Tribes [Prohibition of Transfer of Certain Lands] Rules 1979 by the petitioner to the respondent No.2/Tahsildar, Hoskote Taluk Annexure-A and representation dated 15.01.2025 filed by the petitioner to the respondent No.3 as found at Annexure-B in respect of schedule property. ii. To allow this writ petition and issue any other appropriate writ or direction or pass any other
- 4 -
HC-KAR
CNR: KAHC010447562026 NC: 2026:KHC:36424 WP No. 20286 of 2026
orders as this Hon'ble court deems fit to pass in the circumstances of the case, in the interest of justice and equity."
2. Learned Additional Government Advocate appearing for respondent Nos.1 to 4 upon instructions, submits that there is a dispute with regard to the land concerned between the petitioner and a third party and there was an interim order passed in the original suit because of which, the third respondent has not acted upon the representation of the petitioner. However, she fairly submits that, presently no such interim order is pending and that respondent No.3 shall verify the genuineness of the grant said to have been made in favour of the petitioner's father and thereafter, if the non-alienation period mentioned in the grant order has expired, it shall grant permission to the petitioner to alienate the property. Hence the following:-
ORDER i. Respondent No.3 is hereby directed to verify the grant made in favour of the petitioner's father and if the grant is genuine and if the non-alienation
- 5 -
HC-KAR
CNR: KAHC010447562026 NC: 2026:KHC:36424 WP No. 20286 of 2026
period mentioned in the grant order has lapsed, then in that event, respondent No.3 shall grant permission to the petitioner to alienate the land concerned. ii. The entire exercise shall be completed within a period of 30 days from the date of receipt of a certified copy of this order. iii. It is hereby made clear that this order shall not come in the way of any third party independently making any claim, if any, over the land concerned. iv. Accordingly, the writ petition is disposed of.
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 53