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2026 DAILYLAW 38695 (KAR)

SMT. LAKSHMAMMA v. THE PRINCIPAL SECRETARY

WP/25890/2026 · 2026-08-29

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25890 OF 2026 (SC/ST) BETWEEN: 1. SMT. LAKSHMAMMA D/O MALLAIAH AGED ABOUT 75 YEARS 2. SMT. CHIKKATHAYAMMA D/O CHANNAMALLAIAH AGED ABOUT 62 YEARS 3. LATE SRI. PUTTAMALLAIAH S/O LATE MALLAIAH AGED ABOUT 60 YEARS PETITIONERS NO.1, 2 AND 3 ARE R/AT MELEKOTTE VILLAGE, KANAKAPURA TOWN, KASABHA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 571 431 …PETITIONERS (BY SRI. H. VENKATESHA DODDERI, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 5TH FLOOR, DR. B. R. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, RAMANAGAR - 562 159. 3. THE ASSISTANT COMMISSIONER RAMANAGAR SUB-DIVISION, RAMANAGAR, KARNATAKA - 562 117. 4. THE TAHASILDAR KANAKAPURA TALUK, BANGALORE SOUTH DISTRICT, KARNATAKA - 562 117. 5. SRI. CHALLUVAIAH S/O LATE THIMMAIAH AGED ABOUT 64 YEARS 6. SRI. VENKATESH S/O LATE THIMMAIAH AGED ABOUT 63 YEARS 7. SRI. SRINIVAS S/O LATE THIMMAIAH AGED ABOUT 61 YEARS 8. SRI. VENKATHACHALA S/O LATE THIMMAIAH AGED ABOUT 62 YEARS - 3 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 9. SRI. GOVINDAIAH S/O LATE THIMMAIAH AGED ABOUT 65 YEARS RESPONDENTS NO.5 TO 9 ARE R/AT THAMASANDRA VILLAGE, HOSKOTTE VILLAGE, KASABA HOBLI, KANAKAPURA TALUK - 562 117. 10. SRI. M. H. LINGAPPA S/O LATE HANUMAIAH R/ AT MALLEKHOTTE VILLAGE, KANAKAPURA TALUK - 571 431. 11. SRI. VENKATARAMANNAIAH S/O LATE KUNTAVENKATARAMANNAIAH 12. SRI. BASAVAIAH S/O LATE KUNTAVENKATARAMANNAIAH 13. SRI. VENKATESH S/O LATE KUNTAVENKATARAMANNAIAH 14. SMT. DODDHAMMA W/O SHIVANNA 15. SRI SHIVANNA 16. SRI. S. MAHADEVAIAH S/O SHIVANNA AGED ABOUT 40 YEARS - 4 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 RESONDENTS NO.11 TO 16 MALLEKHOTTE VILLAGE, KASABA HOBLI, KANAKAPURA TALUK - 571 431. …RESPONDENTS (BY SRI. BHAIRAV KUTTAIAH, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDERT ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI AND QUASH THE PROCEEDING OF THE ASSISTANT COMMISSIONER ON THE PTCL/27/2026 NOTICE ON THE DATED AND ORDER TO CONTINUE THE REVENUE RECORDS AS EXISTING AS ON TODAY ANNEXURE- A AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners in the instant writ petition have challenged the proceedings initiated by respondent No.3 - the Assistant Commissioner under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes - 5 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the PTCL Act'). 2. What has been issued to the petitioners is only a notice to appear. 3. Respondent No.3 - the Assistant Commissioner is entitled to initiate the necessary proceedings under Section 5 of the PTCL Act and the petitioners are having all the liberty to defend their case, if respondent No.3 - the Assistant Commissioner were to pass any orders in respect of the land concerned, he has to take into consideration, whether the land concerned is a granted land or not, was it transferred in violation of the provisions of Section 4 of the PTCL Act or not and also with regard to whether there has been any inordinate delay in initiating the proceedings under the provisions of the PTCL Act or not. If there is any inordinate delay and if it is unreasonable, it is needless to state that the proceedings under Section 5 of the PTCL Act will have to fail. However, as what is challenged in the writ - 6 - HC-KAR CNR: KAHC010567212026 NC: 2026:KHC:46936 WP No. 25890 of 2026 petition is only a proceeding that is initiated under Section 5 of the PTCL Act, I am not inclined to interfere in the said proceedings at this stage and it is the duty of the Assistant Commissioner to pass appropriate orders in accordance with law. 4. Accordingly, the Writ Petition is hereby dismissed, subject to the aforementioned observations. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 8