- 1 - HC-KAR CNR: KAHC010296972026 NC: 2026:KHC:51435 WP No. 13933 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 13933 OF 2026 (SC/ST) BETWEEN: 1. SMT C PREMALATHA W/O LATE RAMABHAVI AGED ABOUT 63 YEARS, 2. SRI ARUN KUMAR R, S/O LATE RAMABHAVI AGED ABOUT 44 YEARS, 3. SMT. KRISHNAVENI D/O LATE RAMABHAVI AGED ABOUT 45 YEARS, ALL ARE R/AT CHIKKAHOLE VILLAGE, ATTAGULI PURA POST, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT-571 313. …PETITIONERS (BY SRI. PUTTARAJA C.P., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA, SHIVAMOGGA D.C OFFICE SHIVAMOGGA TOWN, SHIVAMOGGA-577 201. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010296972026 NC: 2026:KHC:51435 WP No. 13933 of 2026 2. ASSISTANT COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHIVAMOGGA D.C OFFICE SHIVAMOGGA TOWN, SHIVAMOGGA-577 201. 3. SRI. M. GURURAJA, S/O G.H. MARIYAPPA, AGED ABOUT 42 YEARS, 4. SRI. S.M. VARADARAJA, S/O G.H. MARIYAPPA, AGED ABOUT 40 YEARS, BOTH ARE R/AT, GUTHYAPPA COLONY, 2ND CROSS, GOPALA EXTENSION, SHIVAMOGGA TOWN, SHIVAMOGGA -577 201. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri. C. P. Puttaraja, counsel for the petitioners, and Smt. Savithramma, Additional Government Advocate for respondents Nos. 1 and 2, appeared in person. - 3 - HC-KAR CNR: KAHC010296972026 NC: 2026:KHC:51435 WP No. 13933 of 2026 2. Though the petition is listed today for preliminary hearing, it is heard. 3. The orders of the Assistant Commissioner and the Deputy Commissioner are called into question in this petition, on several grounds, as outlined in the Memorandum of the petition. 4. Counsel for the petitioners, in presenting his arguments, submits that the property in question is Sy. No.125/5, measuring 3 acres, situated at Anupina Katte, Village Kasaba (1) Hobli, Shivamogga Taluk, Shivamogga District. It was granted to Sri Rama Bovi in 1975, and the grantee's family has not dealt with the property. However, respondent Nos. 3 and 4 have initiated proceedings before the Civil Court. Accordingly, initiating proceedings by the grantee's family under the provisions of the PTCL Act is justified. The Additional Government Advocate justified the orders of the Assistant Commissioner and the Deputy Commissioner and submits that the petition may be dismissed. - 4 - HC-KAR CNR: KAHC010296972026 NC: 2026:KHC:51435 WP No. 13933 of 2026 5. Heard the arguments and perused the papers carefully. 6. The issue is narrow and concerns the initiation of proceedings by the grantee's family under the PTCL Act and the claim that they have not dealt with the property to date, yet they have started proceedings under the Act. If their claim of non-dealing or non-alienation is accepted, then initiating proceedings under the PTCL Act becomes unnecessary. Therefore, the Assistant Commissioner and Deputy Commissioner were justified in rejecting the case. I see no merit in the petition, which is accordingly dismissed. This Court has dismissed the petition at the preliminary stage, there is no need to issue notice to the other respondents. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 5