- 1 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21736 OF 2023 (SCST) BETWEEN: 1. SMT. AMMAYYAMMA W/O LATE H P RAMAPPA AGED ABOUT 72 YEARS, 2. SHRI. H R GOVINDARAJU S/O LATE H P RAMAPPA AGED ABOUT 55 YEARS, 3. SHRI. H R MANJUNATH S/O LATE H P RAMAPPA AGED ABOUT 48 YEARS, PETITIONER NOS.1 TO 3 ARE R/AT HEGGONDAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK - 560 087 BENGALURU URBAN DISTRICT. …PETITIONERS (BY SRI. JAYAKIRTHI M.C., ADVOCATE) AND: 1. THE KARNATAKA STATE SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION, REPRESENTED BY ITS PRESIDENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 NRUPATHUNGA ROAD, RASHTROTHANA BUILDING, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, BENGALURU- 560 001. 3. THE TAHSILDAR ANEKAL TALUK ANEKAL, BENGALURU URBAN DISTRICT-562 106. 4. SHRI. MURALI H R S/O LATE RAJAPPA, AGED ABOUT 32 YEARS, RESIDING AT HEGGONDAHALLI VILLAGE, GUNJURU POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU-560 087. 5. SHRI. N M RAMESH S/O LATE MUNIYAPPA AGED ABOUT 45 YEARS, RESIDING AT NERIGA VILLAGE, NERIGA POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 125. …RESPONDENTS (BY SRI. K. CHANDRA MOHAN, ADVOCATE FOR R.1; SRI. BHAIRAV KUTTAIAH, AGA., FOR R.2 AND R.3; SRI. RAMESH AND SRI. MURALI, ADVOCATE FOR R.4 AND R.5.) - 3 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.03.2023 PASSED BY THE KARNATAKA SCHEDULE CASTE AND SCHEDULE TRIBES COMMISSION IN CASE NO.92/2021 AS PER ANNEXURE-D, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. There is a dispute between the petitioners and respondent Nos.4 and 5 in respect of the property which is the subject matter of the writ petition. Respondent Nos.4 and 5 belong to Scheduled Caste/ Scheduled Tribe community. Instead of approaching the appropriate forum to redress their grievances against the petitioners in respect of the property, the respondent Nos.4 and 5 approached respondent No.1 - Karnataka State Schedule Caste and Schedule Tribes Commission. Pursuant thereto, respondent No.1 passed the following order:- - 4 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 DzÉñÀ "ªÉÄð£À ZÀaðvÀ CA±ÀUÀ¼ÀÄ ºÁUÀÆ PÀAzÁAiÀÄ C¢üPÁjUÀ¼À ªÀgÀ¢ C£ÀéAiÀÄ D£ÉÃPÀ¯ï vÁ®ÆèPÀÄ, ¸ÀeÁð¥ÀÄgÀ ºÉÆç½, ºÉUÉÆÎAqÀ£ÀºÀ½î UÁæªÀÄzÀ ¸ÀªÉð £ÀA.77/2 gÀ°è 4-39 J-UÀÄA ¥ÉÊQ 2-13.08 J-UÀÄA d«ÄäUÉ ¸ÀA§AzsÀ¥ÀlÖAvÉ CPÀæªÀĪÁV JzÀÄgÀÄzÁgÀgÀ ºÉ¸ÀjUÉ ªÀiÁrgÀĪÀ SÁvÉAiÀÄ£ÀÄß gÀzÀÄÝ¥Àr¹, CfðzÁgÀgÀ ºÉ¸ÀjUÉ SÁvÉ ªÀiÁqÀ®Ä PÀAzÁAiÀÄ C¢üPÁjUÀ½UÉ ºÁUÀÆ CfðzÁgÀgÀ ¸Áé¢üãÀ ªÀÄvÀÄÛ fêÀPÉÌ AiÀiÁªÀÅzÉà ºÁ¤AiÀiÁUÀzÀAvÉ gÀPÀëuÉ ¤ÃqÀ®Ä ¥Éưøï C¢üPÁjUÀ½UÉ DzÉò¹zÉ." 2. The case of the petitioners is that respondent No.1 had no authority in law to pass such an order and that the said order cannot be given effect to. 3. The first respondent is constituted under the provisions of the Karnataka State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2002 (for short 'the Act'). 4. Section 8 of the Act reads as under:- "8. Functions of the Commission.- The functions of the commission shall be as follows,- (a) to investigate and examine the working of various safeguards provided in the constitution of India or under any other law for the time being in force or under any order of the Government for the welfare and - 5 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 protection of the Scheduled Castes and the Scheduled Tribes of Karnataka and; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguard of the Scheduled Castes and the Scheduled Tribes of Karnataka and to take up such matter with the appropriate authorities; (c) to participate and advise on the planning process of socio economic development of the Scheduled Castes and the Scheduled Tribes and to evaluate the progress of their development in the State. (d) to make recommendations as to the measures that should be taken by the State for the effective implementation of safeguards and other measures for the protection, welfare and socio economic development of the Scheduled Castes and the Scheduled Tribes and to make report to the State Government annually and at such other time as the Commission may deems fit. (e) to discharge such other functions in relation to the protection, welfare, development and advancement of the Scheduled Castes and the Scheduled Tribes as may be prescribed: Provided that if any matter specified in this section is dealt with by the National commission for Scheduled Castes and the Scheduled Tribes established under Article 338 of the Constitution of India the State Commission for - 6 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 Scheduled Castes and the Scheduled Tribes shall cease to have jurisdiction on such matter. [(f) to recommend to the Government, the necessary modification in the reservation percentage of sub-classification to the members of the Scheduled Castes on receipt of new data or information from the Government]. 5. Section 10 of the Act reads as under:- "10. Powers of Commission.- The Commission shall, while investigating any matter under section 8, have all the powers of a civil court in trying a suit and in particular, in respect of the following maters, namely:- (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy there of from any court or office; (e) issuing Commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed." - 7 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 6. The aforementioned provisions do not confer the power upon the first respondent to decide a dispute between the petitioners and respondent Nos.4 and 5 herein and they do not have the statutory power to direct the Jurisdictional Assistant Commissioner to change the khata in respect of the property concerned. It has usurped the powers conferred upon the Assistant Commissioner under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ("the PTCL Act") and has passed the said order. It is illegal and is liable to be set aside. 7. The learned AGA appearing for respondent Nos.2 and 3 fairly submits that the impugned order is illegal and liable to be set aside. 8. Learned counsel for respondent No.1, though has tried to justify the impugned order, in the course of the arguments he candidly admits that respondent No.1 does not have the power to pass such an order. Learned counsel for respondent Nos. 4 and 5, is not in a position to justify the impugned order. - 8 - HC-KAR CNR: KAHC010505242023 NC: 2026:KHC:39565 WP No. 21736 of 2023 9. Time and again, it is noticed that respondent No.1 has been passing orders which are beyond the scope of its statutory powers. It is the responsibility of the State to choose competent and qualified persons to be the Chairperson and Members of the first respondent - the Commission or at least impart them necessary education / training, explaining them as to their functions including their powers and responsibilities. 10. For the aforementioned reasons, I proceed to pass the following:- ORDER i. The writ petition is allowed. ii. The impugned order dated 21.03.2023 passed by respondent No.1 in Case No.92/2021 (vide Annexure-'D' to the writ petition) is hereby quashed. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 18