Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010503172026 NC: 2026:KHC:49495 WP No. 23004 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 23004 OF 2026 (SC/ST) BETWEEN:
SMT. PUTTATHAYAMMA, W/O. RAMEGOWDA, AGED ABOUT 67 YEARS, RESIDENT OF GORAVALE VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT- 571 405. …PETITIONER (BY SRI. ANANDA K., ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA- 571 401.
3.
THE ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA-571 401.
4.
SRI. ABHILASH S.B., S/O BORAIAH, AGED ABOUT 29 YEARS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010503172026 NC: 2026:KHC:49495 WP No. 23004 of 2026
RESIDENT OF SHIVALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 405. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FR R1 TO R3;
SRI. L.RAJA, ADVOCATE FOR R4;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri. Ananda K., counsel for the petitioner; Sri. Yogesh D. Naik, AGA for respondents 1 to 3; and Sri. L. Raja, counsel for respondent No. 4, appeared in person.
2. The petition is filed seeking the following reliefs: a) Issue a writ of certiorari or any other appropriate writ or order as the case may be to quash the order dated 14.08.2024 passed in Case No.PTCL.11/2017- 18 by the 3rd respondent at Annexure-L in so far as petitioner is concerned.
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HC-KAR
CNR: KAHC010503172026 NC: 2026:KHC:49495 WP No. 23004 of 2026
b) Issue a writ of certiorari or any other appropriate writ or order as the case may be to quash the order dated 06.01.2026 passed in Case No.PTCL 15/2024 by the 2nd respondent at Annexure-S.
c) and to pass such other orders as this Hon'ble Court may deem fit to pass in the circumstances of the case in the interest of justice and equity.
3. Counsel for the respective parties advanced several contentions. The arguments were heard, and the papers were carefully perused.
4. The point that requires consideration is whether the
order of the Deputy Commissioner requires interference.
5. The fourth respondent filed proceedings under the PTCL Act before the Assistant Commissioner, who, by
order dated 14.08.2024, granted the claim. The petitioner then appealed to the Deputy Commissioner in PTCL No.15/2024. However, the Deputy Commissioner dismissed the appeal, citing the ongoing Writ Petition
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HC-KAR
CNR: KAHC010503172026 NC: 2026:KHC:49495 WP No. 23004 of 2026
No.29054/2024 before this Court. This reasoning is legally untenable because the petitioner, unhappy with the lack of a stay, filed a writ petition, which should not have prevented the Deputy Commissioner from deciding the case on its merits. Therefore, referencing the ongoing petition to dismiss the appeal is unjustifiable.
6. For these reasons, the Deputy Commissioner's
order is overturned.
7. The writ of certiorari is ordered. The order dated 06.01.2026 passed by the second respondent vide Annexure-S is quashed. The Deputy Commissioner is
directed to restore the appeal filed by the petitioner and decide it in accordance with law within four weeks of receipt of the a certified copy of this order. This Court, in W.P.No.29054/2024, vide order dated 28.10.2024, had stayed the order of the Assistant Commissioner. The stay shall continue to operate till the disposal of the appeal by the Deputy Commissioner. As the petitioner and
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HC-KAR
CNR: KAHC010503172026 NC: 2026:KHC:49495 WP No. 23004 of 2026
respondent No.4 are represented by their counsel, they are directed to appear before the Deputy Commissioner on 28.09.2026 without awaiting service of notice.
8. Resultantly, the writ petition is allowed. On disposal of the Writ Petition, pending interlocutory applications, if any, are disposed of.
SD/- (JYOTI M) JUDGE
MRP List No.: 3 Sl No.: 22.1