- 1 - HC-KAR CNR: KAHC010612602024 NC: 2026:KHC:40461 WP No. 30361 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.30361 OF 2024 (SCST) BETWEEN: 1. MR. SRI V.G. JAYARAM S/O. GANGAPPA, AGED ABOUT 50 YEARS, R/AT VADERAHALLI VILLAGE, MUTHAHALLI POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562123. …PETITIONER (BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKAS SOUDHA GOVT. OF KARNATAKA BANGALORE-560001. 2. THE ASSISTANT COMMISSIONER CHIKKAMAGALURU REVENUE DIVISION CHIKKAMAGALUR-576201. 3. THE ASSISTANT REGISTRAR OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETY Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612602024 NC: 2026:KHC:40461 WP No. 30361 of 2024 CHIKKAMAGALURU DIVISION NEAR ZILLA PANCHAYATH K.M. ROAD-576201 CHIKKAMAGALURU DISTRICT. 4. SRI. BELLIAYAPPA S/O. LATE ERAIAH AGED ABOUT 65 YEARS OCCUPATION: AGRICULTURE R/AT OF OLD MUDIGERE VILLAGE KASABA HOBLI MUDIGERE TALUK-577550 CHIKKAMAGALUR DISTRICT. 5. MR. B.S.SHANKAR KIRAN S/O. LATE SHAYM SUNDAR AGED ABOUT: NOT KNOWN R/AT NEAR ST. MARTHAS HIGH SCHOOL HESGAL ROAD, MUDIGERE-577132 CHIKKAMAGALUR DISTRICT. 6. MR. ARUN L. SALDANA S/O. J.L. SALDANA AGED ABOUT 55 YEARS R/AT OPP: GANAPATHI TEMPLE GANGANMAKKI, KASABA HOBLI MUDIGERE TALUK CHIKKAMAGALUR DISTRICT-577132. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.3; SMT. ANUSHA ASUNDI, ADVOCATE FOR SRI. A. MADHUSUDHANA RAO, ADVOCATE FOR R.4; SRI. PRADEEP NAIK, ADVOCATE FOR R.6; R.5: SERVED AND UNREPRESENTED.) - 3 - HC-KAR CNR: KAHC010612602024 NC: 2026:KHC:40461 WP No. 30361 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE AMENDMENT TO THE SECTION 5(C) AND (D) OF THE KARNATAKA SC AND ST (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 2023 DATED 27.07.2023, IS UNCONSTITUTIONAL AND ULTRA VIRES-ANNEXURE-L, IN SO FAR AS PETITION CONCERNED, 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. The writ petition is filed with the following prayers: "(a) CALL for record which ultimately resulted in issuing the summons registering case PTCL no.9/2024 date 8.8.24 by the R2 - ANNEXURE-K (b) DECLARE that the amendment to the Section 5(c) and (d) of the Karnataka SC and ST (Prohibition of Transfer of Certain Lands) Act, 2023, date-27.7.23 is unconstitutional and ultra vires-ANNEXURE-L in so far as petition concerned (c) ISSUE an Order, Direction or Writ in the nature of certiorari quashing the summons dated 8/8/2024 for registering the PTCL case no.9/2024 by the Asst. Commissioner, Chikkamagaluru (2) ANNEXURE-K - 4 - HC-KAR CNR: KAHC010612602024 NC: 2026:KHC:40461 WP No. 30361 of 2024 (d) ISSUE such other Relief/s as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case including the cost of this Writ Petition." 2. In the course of arguments, learned counsel for petitioner submits that he does not press his prayer for declaring the amendment to Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act') as invalid. 3. It is seen that respondent no.4 claiming to be a legal representative of the original grantee of the land which is the subject matter of the writ petition has preferred an application before the jurisdictional Assistant Commissioner (respondent no.2) under the provision of Section 5 of the PTCL Act. Pursuant to the said application, respondent no.2 has issued notice to the petitioner. Aggrieved by the same and also because of the amendment carried out to Section 5 of the PTCL Act, the present petition has been filed by petitioner. 4. As stated above petitioner has submitted that he does not intend to press his challenge to the amendment carried out to - 5 - HC-KAR CNR: KAHC010612602024 NC: 2026:KHC:40461 WP No. 30361 of 2024 Section 5 of the PTCL Act. In the light of the same, the writ petition is liable to be dismissed as petitioner is required to appear before respondent no.2 and submit his defence. It is needless to state respondent no.2 is bound to decide the case on merits in accordance with law, also taking into consideration the delay, if any on part of respondent no.4 in making the said application. 5. Subject to the aforementioned observations, the writ petition stands dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 43