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2026 DAILYLAW 33069 (KAR)

SRI.AVINASH P SADAKALE v. STATE OF KARNATAKA

WP/8723/2026 · 2026-07-29

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 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.8723 OF 2026 (SCST) BETWEEN: 1. SRI. AVINASH P SADAKALE S/O PRAHALAD K SADAKALE AGED ABOUT 61 YEARS RESIDING AT NO.500D, 17TH F4 MAIN, 6TH BLOCK KORAMANAGALA, BANGALORE-560095. 2. SRI. MANOHAR NAMBIAR S/O LATE P.V.B. NAMBIAR AGED ABOUT 63 YEARS RESIDING AT NO.23, C-2, GAGAN APARTMENTS ATHMANANDA COLONY SULTHANA PALYA, R.T.NAGAR, BANGALORE-560032. 3. SMT. SUJATHA A SHETTY W/O ARUN S. SHETTY AGED ABOUT 55 YEARS RESIDING AT NO.479, "SHAKA" 8TH CROSS, VIJAYA BANK LAYOUT, BILEKAHALLI, BANGALORE-560076. 4. SMT. SHARADA SAHOO Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 W/O SASANKA SHEKHAR SAHU AGED ABOUT 54 YEARS RESIDING AT NO.141, BEL LAYOUT, 6TH CROSS, BLOCK, VIDYARANYAPURA, BANGALORE-560097. 5. SMT. SUJATHA CHANDRASHEKAR W/O R.CHANDRASHEKAR, AGED ABOUT 38 YEARS RESIDING AT NO.1403, 1ST FLOOR, 13TH MAIN, 12TH 'B' CROSS, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE-560086. 6. SMT. SAVITA RAJASHEKAR W/O B.P.RAJASHEKAR AGED ABOUT 56 YEARS, RESIDING AT FLAT NO.F-1, ABDUL REGENCY, SOUTH MADA STREET, SAIDAPET, CHENNAI-600015. 7. SRI.GHOUSE KHAN S/O MAHBOOB KHAN AGED ABOUT 71 YEARS RESIDING AT NO.31, 3RD CROSS, G.C.COLONY QUEENS ROAD CROSS, BANGALORE-560051. 8. SMT. SHAKIRA BEGUM W/O MOHAMMED RAFI AGED ABOUT 58 YEARS RESIDING AT NO.51, GOVINDA SHETTY COLONY, QUEENS ROAD CROSS, - 3 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 BANGALORE-560051. 9. SRI. ASHOK JAIN S/O PREM CHAND JAIN AGED ABOUT 62 YEARS RESIDING AT SINGAL PIPE FITTING CENTRE NO.2, KADUGODIMUNAIPPA LANE, S.P.ROAD CROSS, BANGALORE-560002. 10. SRI. ANSHUMAN SAHOO S/O A.C. SAHOO AGED ABOUT 48 YEARS RESIDING AT NO.141, 3RD 'A' MAIN ROAD, BEL LAYOUT, 6TH BLOCK, VIDYARANYAPURA BANGALORE-560097. 11. SMT. RENUKA AJIT JERE W/O AJIT V. JERE AGED ABOUT 56 YEARS RESIDING AT B1, JAYALAKSHMI APARTMENTS KARNIC ROAD, SHANKAR PURAM, BASAVANGUDI, BANGALORE-560004. 12. SMT. INDRANI PURUSHOTHAM W/O K.V. PURUSHOTHAM AGED ABOUT 64 YEARS RESIDING AT NO.1403, 1ST FLOOR, 13TH MAIN, 12TH 'B' CROSS, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BANGALORE-560086. - 4 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 13. SMT. JAYA S.SHIRBUR W/O DR. S.N. SHIRBUR, AGED ABOUT 69 YEARS, RESIDING AT PLOT NO.57, RUKMINI NAGAR, M.M.EXTENSION, BELGAUM-560073. 14. SMT. UMADEVI W/O H. BASAWARAJAPPA AGED ABOUT 77 YEARS, RESIDING AT NO.529, 53RD CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560010. 15. SRI. KIRAN KUMAR K.P. S/O LATE K.M.PADMANABHA AGED ABOUT 46 YEARS RESIDING AT NO.226 "SRI BHAIRAVA" 2ND 'E' CROSS, 8TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARNAGAR, BANGALORE-560079. 16. SRI. SUDESH KUMAR K.P. S/O LATE SHRI. K.M.PADMANABHA AGED ABOUT 51 YEARS, RESIDING AT NO.226, "SRI BHAIRAVA" 2ND 'E' CROSS, 8TH MAIN, 3RD STAGE, 3RD BLOCK, BASAVESHWARNAGAR, BANGALORE-560079. 17. SRI. AKBER ALI BADAMI S/O ALI MOHD. SHREIF BADAMI AGED ABOUT 90 YEARS RESIDING AT NO.12/2, EAGLE STREET, LANGFORD TOWN, - 5 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 BANGALORE-560026. 18. SRI. MD. SALEEM S/O MD. HAROON BACHAV AGED ABOUT 61 YEARS RESIDING AT NO.2, 2ND CROSS, 1ST MAIN ROAD, NEW THARAGUPET, BANGALORE-560002. …PETITIONERS (BY SRI. SHAHNAWAZ M. MAMADAPUR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY SECRETARY REVENUE DEPARTMENT M S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001. 2. ASSITANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPUR BANGALORE RURAL-561203. 3. DEPUTY COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPUR BANGALORE RURAL-561203. 4. THE THASILDHAR DISTRICT OFFICE COMPLEX, DEVANAHALLI TALUK BENGALURU RURAL KARNATAKA - 562110. - 6 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 5. PANCHAYAT DEVELOPMENT OFFICER SINGRAHALLI GRAMAH PANCHAYAT KASABA-HOBLI DEVANAHALLI TALUKA -562110. 6. SRI. M. MUNIRAJA, S/O MARAPPA AGED ABOUT 47 YEARS, RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 7. SRI. MUNISHAMAPPA S/O YELAPPA AGED ABOUT 78 YEARS RESIDING AT NO.65, 2ND CROSS, HENNUR MAIN ROAD, ST. THOMAS POST LINGGARAJPURAM, BENGALURU-560084. 8. SMT. GOWRAMMA W/O CHIKKANARASIMHA AGED ABOUT 73 YEARS RESIDING AT NO.65, 2ND CROSS, HENNUR MAIN ROAD, ST. THOMAS POST LINGARAJPURAM, BENGALURU-560084. 9. SMT. VENKATAMMA D/O LATE VENKOJAPPA AGED ABOUT 73 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 10. SMT. JAYAMMA D/O LATE VENKOJAPPA AGED ABOUT 71 YEARS - 7 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 11. SRI. S.V.MANJUNATH S/O LATE VENKOJAPPA AGED ABOUT 58 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 12. SRI. S.V.MARAPPA S/O LATE VENKOJAPPA AGED ABOUT 54 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 13. SMT. RATHNAMMA D/O LATE VENKOJAPPA AGED ABOUT 52 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 14. SRI. S.V.RAMESH S/O LATE VENKOJAPPA AGED ABOUT 48 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 15. SRI. S.V.GANGADHAR S/O LATE VENKOJAPPA - 8 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 AGED ABOUT 45 YEARS RESIDING AT SINGRAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 16. SHRI. Y.R.JANARDANA RAO S/O LATE D.L.RAMAIAH AGED ABOUT 76 YEARS RESIDING AT NO.167, 18TH MAIN 36TH CROSS, 4TH 'T' BLOCK, JAYANAGAR, BANGALORE-560057. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.4; SRI. NARASIMHARAJU, ADVOCATE FOR R.6.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF THE 2ND RESPONDENT DATED 03-03-2018 IN PTCL SR(DH) 31/2017-18 (ANNEXURE-M), ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 9 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 ORAL ORDER 1. It is seen that the petitioners have sought quashing of the order passed by the second respondent - Assistant Commissioner under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL Act'). The petitioners are having an alternative and efficacious remedy under Section 5-A of the PTCL Act, where they can prefer an appeal before the jurisdictional Deputy Commissioner. 2. For the aforementioned reasons, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the Appellate Authority in the manner known to law. 3. If an appeal is to be filed, the petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, 1963. - 10 - HC-KAR CNR: KAHC010193402026 NC: 2026:KHC:39568 WP No. 8723 of 2026 4. Further, this Court on 01.06.2026 had passed an interim order staying the operation of the impugned order. The said interim order shall continue for a further period of four weeks. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 7