- 1 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25716 OF 2024 (SCST) BETWEEN: 1. GUDAMMA W/O GANGANNA AGED ABOUT 74 YEARS SUGGANAHLLI VILLAGE CHANDRASHEKARAPURA HOBLI GUBBI TALUK, TUMKUR-572 216. …PETITIONER (BY SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE) AND: 1. DEPUTY COMMISSONER TUMKUR DISTRICT TUMKURU-572 101. 2. ASSISTANT COMMISSIONER TUMKURU SUB-DIVISION TUMKURU DISTRICT TUMKURU-572 101. 3. GOWRAMMA W/O BETTASWAMY AGED MAJOR HARIJANA COLONY C.S.PURA HOBLI GUBBI TALUK TUMKUR-572 216. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 4. L.N.SWAMY S/O NARASIMHAIAH AGED MAJOR SUGGANAHALLI VILLAGE CHANDRASHEKARAPURA HOBLI GUBBI TALUK, TUMKUR-572 216. 5. LOKESH S/O THIMMAPPA AGED MAJOR SUGGANAHALLI VILLAGE CHANDRASHEKARAPURA HOBLI GUBBI TALUK, TUMKUR-572 216. 6. GIRISH S/O THIMMEGOWDA AGED MAJOR SUGGANAHALLI VILLAGE CHANDRASHEKARAPURA HOBLI GUBBI TALUK, TUMKUR-572 216. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. VIKHYATH B., ADVOCATE FOR R3; VIDE ORDER DATED 08.01.2025 NOTICE TO R4 TO R6 IS DISPENSED WITH) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.09.2021 PASSED BY RESPONDENT NO.2 IN CASE BEARING NO.PTCL.9/2019-2020 AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Aggrieved by the orders passed by respondent nos.2 and 1 under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act'), the present writ petition is filed. 2. The case of the petitioner is that, the land concerned is a Thoti Inam land and it was granted in favour of one Nanjaiah. Incidentally, he happened to be a person belonging to Scheduled Caste/Scheduled Tribe community. The grant was initially made in the year 1970 and was made absolute in the year 1984. In the meanwhile, the said Nanjaiah had sold the property in favour of one Ganganna, of whom the petitioner is the wife and legal representative. One Chikkahuchaiah had illegally tried to interfere with both the petitioner as well as her predecessor-in-title in respect of the property and the predecessor in title of the petitioner had preferred O.S.No.71/1991 which was a suit for declaration and permanent injunction and the same was decreed in his favour. - 4 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 Subsequent to which, the revenue records were also transferred into his name. However, respondent no.3 claiming to be legal representative of the said Chikkahuchaiah, who had lost O.S.No.71/1991, filed a petition before Civil Rights Enforcement Directorate, Tumkur Unit and at their instructions, respondent no.2-Assistant Commissioner registered a case under Section 5 of the PTCL Act in the year of 2019 and heard the matter and has passed an order for resumption and restoration of the land in favour of respondent no.3 herein. The same has been confirmed by respondent no.1-Deputy Commissioner. Aggrieved by the same, the present writ petition is filed. 3. The case of the petitioner is that the land in question is not a granted land at all for the purpose of PTCL Act and hence the provisions of PTCL Act cannot be applied. It is further submitted that even otherwise respondent no.3 has no right, title or interest over the land concerned and the predecessor- in-title of the petitioner has been declared as the owner of the property concerned pursuant to the decree passed in O.S.No.71/1991 and that the said owner has no objection for - 5 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 having transferred the land in favour of husband of the petitioner herein. It is further submitted that the transfer took place in the year 1971 and even if it is considered to have taken place with effect from 1984 when the grant was made absolute in favour of the predecessor-in-title, challenge has been made belatedly in the year 2019 and there is an unreasonable delay in initiating proceedings under the PTCL Act. 4. Though the learned counsel for respondent no.3 and the learned AGA justify the impugned orders, they are unable to counter the submissions made by the petitioner. 5. Learned AGA, in the course of the arguments candidly admits that the land was a Thoti Inam land and has been re- granted in favour of Nanjaiah (predecessor-in-title of the petitioner) under the provisions of the Karnataka Village Offices Abolition Act, 1961 (KVOA Act). 6. Section 3(b) of the PTCL Act reads as under: "3(b) “granted land” means any land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes and includes - 6 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word “granted” shall be construed accordingly:" 7. A perusal of the aforementioned definition excludes the lands granted under KVOA Act which are essentially hereditary in nature. Thus, the proceedings under the provisions of PTCL Act could not have been initiated against the lands concerned. Hence, the impugned orders are liable to be set aside. 8. Hence, the following: ORDER (i) The impugned order dated 21.09.2021 passed by respondent no.2 bearing no.¦n¹J¯ï.09/2019-20 vide Annexure-A to the writ petition is hereby set aside; (ii) The impugned order dated 10.06.2024 passed by respondent no.1 bearing no.PTCL.18/2022 vide Annexure-B to the writ petition is hereby set aside; - 7 - HC-KAR CNR: KAHC010546752024 NC: 2026:KHC:39187 WP No. 25716 of 2024 (iii) Application made under Section 5 of the by respondent no.3 before respondent no.2 is hereby dismissed; (iv) Revenue documents pertaining to the land concerned will be mutated in the name of the present purchaser; (v) The writ petition stands allowed accordingly. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 64