- 1 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 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.21704 OF 2025 (SC/ST) BETWEEN: 1. SRI NARAYANAPPA S/O LATE THAYAPPA SINCE DEAD, BY HIS LRS. SMT. KRISHNAMMA W/O LATE SRI. NARAYANAPPA AGED ABOUT 65 YEARS 2. SRI. NAGARAJU S/O LATE SRI. NARAYANAPPA AGED ABOUT 45 YEARS 3. SRI. NARAYANASWAMY S/O LATE SRI. NARAYANAPPA AGED ABOUT 35 YEARS ALL ARE RESIDING AT DINNURU MAJARA BANNIMANGALA DINNURU VILLAGE KUNDANA HOBLI AND POST DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …PETITIONERS (BY SRI. SOMASHEKARA K M., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-562 101. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR-562 101. 3. SMT. NANJAMMA W/O LATE SRI. KALLURAPPA AGED ABOUT 55 YEARS 4. SRI. PARAMESHA S/O LATE SRI. KALLURAPPA AGED ABOUT 35 YEARS RESPONDENT NOS.3 AND 4 ARE RESIDING AT ANDARLAHALLI VILLAGE NANDI HOBLI CHIKKABALLAPUR TALUK AND DISTRICT-562 101. …RESPONDENTS [BY SMT. ANITHA N., AGA., FOR R.1 AND R.2; SRI. D. GOVINDA, ADVOCATE FOR R.3 AND R.4 (ABSENT)] THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.05.2025 IN CASE NO.PTCL/02/2024 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER VIDE ANNEXURE-J; 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: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Respondent Nos.3 and 4 are the legal representatives of the original grantee. The petitioners are the legal representatives of the purchaser of the land in question. The land was granted in favour of the original grantee who belonged to Scheduled Caste /Scheduled Tribe Community in the year 1941. It contained a condition that the land should not be alienated for a period of 10 years from the date of grant. The grantee sold the land in the year 1968. Presently, the petitioners are the owners of the property. In the year 2014, respondent Nos.3 and 4 initiated action under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "the PTCL Act") for restoration and resumption of the land in their favour. The second respondent - Assistant Commissioner rejected their claim on the ground that the sale was not in violation of the grant condition and that the sale had taken place much earlier to the PTCL Act coming into force. Aggrieved by the same, respondent Nos.3 and 4 preferred an appeal before the first - 4 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 respondent - Deputy Commissioner. The Deputy Commissioner relying upon the amendment introduced to Section 5 of the PTCL Act in the year 2023, allowed the appeal and remanded the matter to respondent No.2 - Assistant Commissioner. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that the land in question was granted in the year 1941 with a pre-condition that it should not be alienated for a period of 10 years from the date of grant. After expiry of the said 10 years, in the year 1968, the original grantee alienated the land in favour of a third party and presently, the petitioners are the owners of the property. For that reason, he prays that the writ petition be allowed and the impugned order passed by respondent No.1 be set aside. 3. Learned AGA appearing for respondent Nos.1 and 2 supports the contention of the petitioners. 4. Learned counsel for respondent Nos.3 and 4 is absent. 5. The undisputed facts are that the land was granted in favour of the original grantee, who belonged to Scheduled - 5 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 Caste / Scheduled Tribe community in the year 1941 with a pre-condition that it should not be alienated for a period of 10 years. After the lapse of 10 years, the original grantee alienated the land in favour of third parties in the year 1968. 6. Section 4 of the PTCL Act reads as under:- "4. Prohibition of transfer of granted lands. - (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or Sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer. (2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. (3) The provisions of Sub-sections(1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority." - 6 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 7. A bare reading of Section 4(1) of the PTCL Act indicates that the said provision has retrospective effect. However, Section 4(2) of the PTCL Act does not have retrospective effect. Thus, the sale has taken place prior to act coming into force of the PTCL Act which came into effect from 01.01.1979, then in that event, permission of the State is not required and that the sale will be void only if the conditions of the grant is violated and not otherwise. In the instant case, admittedly, the transfer took place subsequent to the lapse of non-alienation period of 10 years and there is no violation of conditions of grant. Under the circumstances, the question of obtaining permission of the State as contemplated under Section 4(2) of the PTCL Act does not arise and the first respondent - Deputy Commissioner committed an error in passing the impugned order. 8. Hence the following:- ORDER i. The writ petition is hereby allowed. - 7 - HC-KAR CNR: KAHC010472582025 NC: 2026:KHC:36425 WP No. 21704 of 2025 ii. The impugned order dated 23.05.2025 bearing No.PTCL/02/2024 passed by respondent No.1 (vide Annexure-'J' to the writ petition) is hereby set aside. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 47