SRI SANNAYARAKUNTAIAH @ YARAKUNTAPPA v. DEPUTY COMMISSIONER
WP/16622/2024 · 2026-07-15
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35156 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35156 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.16622 OF 2024 (SC/ST) BETWEEN:
1. SRI SANNAYARAKUNTAIAH @ YARAKUNTAPPA S/O DODDARAMAIAH AGED ABOUT 70 YEARS R/AT VITTAL NAGARA, CHALLAKERE TOWN CHITRADURGA-577 522. 2. SRI RAJA Y. RAMESH NAYAK S/O R. YARAKUNTAIAH AGED ABOUT 34 YEARS, R/AT VITTAL NAGARA, CHALLAKERE TOWN CHITRADURGA-577 522. 3. SRI R. YARAKUNTAPPA S/O SANNA RAMAIAH AGED ABOUT 75 YEARS R/AT KARUMARADIKERE CHITRADURGA TALUK CHITRADURGA-577 524. 4. SRI SHIVANNA S/O SANNARAMAYYA SINCE DECEASED BY LRS
SMT. PARVATHAMMA W/O. LATE SHIVANNA
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
AGED ABOUT 58 YEARS, RESIDING AT DODDA ULLARTHI TALUKU HOBLI CHALLAKERE TALUK CHITRADURGA-577 524. 5. SMT. NAGAVENI D/O LATE SHIVANNA W/O SATISH AGED ABOUT 35 YEARS, RESIDING AT DODDA ULLARTHI TALUKU HOBLI CHALLAKERE TOWN CHITRADURGA-577 524. 6. NAGARAJA S/O LATE SHIVANNA AGED ABOUT 32 YEARS, RESIDING AT DODDA ULLARTHI TALUKU HOBLI CHALLAKERE TOWN CHITRADURGA - 577 524. 7. SMT. VYSHALI D/O LATE SHIVANNA W/O MANJUNATH AGED ABOUT 35 YEARS, RESIDING AT DODDA ULLARTHI TALUKU HOBLI CHALLAKERE TOWN CHITRADURGA-577 524. 8. SRI. MANJUNATH S/O LATE SHIVANNA AGED ABOUT 26 YEARS, R/AT DODDA ULLARTHI TALUKU HOBLI CHALLAKERE TOWN CHITRADURGA-577 524. - 3 -
HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
9. SRI JAYARAMA @ JAYANNA S/O SANNA RAMAIAH AGED ABOUT 51 YEARS, R/AT KARUMARADIKERE, CHITRADURGA TALUK, CHITRADURGA - 577 524. 10. SRI SANNAYARAKUNTAIAH @ YARAKUNTAIAH S/O RUDRAIAH AGED ABOUT 54 YEARS, R/AT MODOORU CHALLAKERE TALUK, CHITRADURGA-577 537. 11. SRI R. YARAGUNTAIAH @ DODDAYARAGUNTAPPA AGED ABOUT 59 YEARS R/AT MODOORU CHALLAKERE TALUK, CHITRADURGA - 577 537. …PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE)
AND:
1. DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 576 101. 2. ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION CHITRADURGA - 576 201. 3. THE TAHASILDAR CHALLAKERE TALUK CHITRADURGA - 576 201. 4. SMT. BASAMMA W/O M.K. TIMMAREDDY
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 5. SUVARNAMMA W/O G.K. RAMACHANDRA REDDY AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 6.
M. PULLAREDDY S/O MALLAPPA SINCE DECEASED BY LRS
GEETAMMA D/O LATE PULLAREDDY AGED ABOUT 50 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 524. 7. NILAMMA D/O LATE PULLAREDDY AGED ABOUT 48 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 524. 8. SHANTHAMMA D/O LATE PULLAREDDY AGED ABOUT 45 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 524. 9. NALINA D/O LATE PULLAREDDY
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
AGED ABOUT 43 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 524. 10. AMBUJA D/O LATE PULLAREDDY AGED ABOUT 41 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 524. 11. INDRAMMA D/O LATE PULLAREDDY, AGED ABOUT 38 YEARS, R/AT DODDA ULLARTHI, TALUKU HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. 12. P. TIMMAREDDY D/O LATE PULLAREDDY AGED ABOUT 36 YEARS RESIDING AT DODDA ULLARTHI TALUKU HO HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. 13. SR. H RAMAREDDY S/O MALLAPPA, SINCE DECEASED BY LR'S,
SMT. PADMA W/O LATE CHANNAMALLAREDDY D/O LATE H. RAMAREDDY AGED ABOUT 65 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. - 6 -
HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
14. SRI HEMANNA REDDY, S/O LATE RAMAREDDY, SINCE DECEASED BY LR'S
NAGAMMA W/O LATE HEMANNA REDDY AGED ABOUT 25 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 15. MANOHARBABU W/O LATE HEMANNA REDDY AGED ABOUT 23 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 16. BHARATESH REDDY W/O LATE HEMANNA REDDY AGED ABOUT 54 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 17. MANJUNATHREDDY S/O VASUDEVAREDDY AGED ABOUT 60 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 18.
RAMAYYA S/O OBAYYA AGED ABOUT 80 YEARS RESIDING AT DODDA ULLARTHI
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 19. RUDRAYYA S/O OBAYYA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 20. DODDARUDRAYYA S/O DODDAOBAYYA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 21. RUDRAYYA S/O DODDAOBAYYA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 22. HANUMAKKA W/O HANUMANTHAPPA AGED ABOUT 68 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 23. RUDRAYYA S/O DODDAOBAYYA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 24. M K TIMMAREDDY S/O MODURU DODDAHANUMAPPA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 25. SMT PAPAMMA W/O LATE DODDARAMAPPA AGED ABOUT 76 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. 26. K G RAMACHANDRAREDDY S/O GHATTIPUDICHANDAPPA AGED ABOUT 70 YEARS RESIDING AT DODDA ULLARTHI TALUKU HOBLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R.1 TO R.3;
VIDE ORDER DATED 15.07.2026 NOTICE TO R4 TO R26 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS MADE IN NO. SC PTCL(A)-7/2018 DATED 22.12.2021 PASSED BY RESPONDENT NO.1 THEREBY CONFIRMED THE
ORDER MADE IN NO.SCPTCL/CLK/02/2015-16 DATED 07.09.2018 PASSED BY RESPONDENT NO.2 AS PER ANNEXURES-A AND B RESPECTIVELY AND ETC.
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HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
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
ORAL ORDER
1. The petitioners claim to be the legal representatives of the original grantee. They belong to Scheduled Caste/Scheduled Tribe community. The original grantee was granted the land which is the subject matter of the writ petition in the year 1927. It had a non-alienation clause that it should not be alienated for a period of 10 years. In the year 1965, after the lapse of 10 years since grant, it has been sold. The petitioners challenged the same 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 the first time in the year 2015. Their claim has been rejected by the Assistant Commissioner (respondent no.2). The same has been affirmed by the Deputy Commissioner (respondent no.1). Aggrieved by the same, the present writ petition is filed. - 10 -
HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
2. Admittedly, the granted land has been sold after the lapse of non-alienation period. The said sale has taken place prior to commencement of the PTCL Act. 3. 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."
4. As the sale has taken place prior to commencement of the PTCL Act and there was no violation of the terms of grant in the said sale, I do not see any error in the impugned orders. - 11 -
HC-KAR
CNR: KAHC010348852024 NC: 2026:KHC:36093 WP No. 16622 of 2024
5.
Section 4(2) of the PTCL Act is applicable prospectively and not retrospectively. There was no requirement for the persons purchasing the property to take permission of the Government when the transaction took place. 6. For the aforementioned reasons, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 1