- 1 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.18363 OF 2024 (SC/ST) BETWEEN: 1. SRI C. PRASANNA S/O S. CHINNASWAMY AGED ABOUT 51 YEARS R/AT NO.10/1, TRUST COMPLEX D.V.G. ROAD, BASAVANAGUDI, BENGALURU-560004. …PETITIONER (BY SRI. SATISH M. DODDAMANI, LEARNED SENIOR COUNSEL FOR SRI. K.P. BHUVAN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGAR-562159. 3. THE TAHSILDAR RAMANAGARA TALUK RAMANAGAR-562159. Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 4. SRI MUTHURAJU S/O MUTHAIAH SINCE DECEASED BY HIS LRS SRI RAVI S/O LATE MUTHURAJU AGED: MAJOR R/AT BANNIKUPPE VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT. 5. SRI MANJUNATH S/O LATE MUTHURAJU AGED: MAJOR R/AT BANNIKUPPE VILLAGE BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT. 6. SRI MALLAIAH S/O BASAPPA AGED MAJOR R/AT MYLASANDRA VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK. 7. SRI VENKATACHALAPATHI S/O LATE NANJAPPA AGED ABOUT 75 YEARS R/AT AVAREGERE VILLAGE BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.3; SRI. LATEEF KHADHEER, ADVOCATE FOR R.4 AND R.5; SRI. SHIDHAR N., ADVOCATE FOR R.6 AND R.7.) - 3 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.03.2016 IN CASE NO.PTCL(RA)/07/2011-12 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, RAMANAGAR SUB- DIVISION, RAMANAGAR, VIDE ANNEXURE-G AND ALSO THAT OF THE ORDER DATED 11.01.2024 IN CASE NO.LND/SC/ST/03/ 2016-17 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER, RAMANAGAR DISTRICT, RAMANAGAR VIDE ANNEXURE-H TO THE WRIT PETITION, 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 land which is the subject matter of the writ petition was sold in favour of the predecessor-in-title of the petitioner on 01.07.1975. The petitioner has purchased the said land in the year 2012. In the meanwhile, in the year 2011, an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL Act), came to be filed by the late father of respondent Nos.4 and 5. The said application came to be allowed and the order of the Assistant Commissioner has - 4 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 been confirmed by the Deputy Commissioner. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that both the Assistant Commissioner and the Deputy Commissioner have erroneously allowed the appeal holding that the land is a granted land. It is submitted that the land is not a granted land at all, but is a hiduvali land. It is also submitted that there is an inordinate delay of 36 years from the date of the first sale and a delay of 32 years from the date of the PTCL Act coming into force. It is submitted that the impugned orders have failed to take into consideration the unreasonable delay in challenging the same. 3. In the course of the arguments learned counsel for the petitioners submits that, he has challenged the constitutional validity of the amendment made to Section 5 of the PTCL Act in the year 2023. However, he submits that he does not press for the same. His submission is placed on record. 4. In the course of arguments, both the learned AGA as well as the learned counsel appearing for respondent Nos.4 and 5 - 5 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 together submit that the land is not a granted land but is a hiduvali land. 5. As the land is not a granted land, the provisions of the PTCL Act itself is not applicable to the transaction. Even otherwise, there has been an inordinate and unreasonable delay in challenging the sale transaction. 6. For the said reasons, the impugned orders are liable to be set aside. Hence the following:- ORDER (i) The impugned order dated 18.03.2016 passed by respondent no.2 bearing no.P.T.C.L(Ra)07/2011-12 vide Annexure-G to the writ petition is hereby set aside; (ii) The impugned order dated 11.01.2024 passed by respondent no.1 bearing no.LND/SC/ST/03/2016-17 vide Annexure-H to the writ petition is hereby set aside; (iii) The application filed by late father of respondent Nos.4 and 5 under Section 5 of the - 6 - HC-KAR CNR: KAHC010386942024 NC: 2026:KHC:46723 WP No. 18363 of 2024 PTCL Act before respondent no.2 is hereby dismissed; (iv) The prayer of the petitioner challenging the constitutional validity of the amendment carried out to Section 5 of the PTCL Act in the year 2023 (the Karnataka Act No.30 of 2023), stands dismissed as not pressed. (v) The writ petition stands allowed accordingly. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 28