- 1 - HC-KAR CNR: KAHC010630812025 NC: 2026:KHC:51439 WP No. 29464 of 2025 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. 29464 OF 2025 (SC/ST) BETWEEN: 1. BALAMMA W/O LATE KARIYAPPA AGED ABOUT 75 YEARS, R/AT BADAGHOLLARA HATTI, YALLADAKERE POST HIRIYUR. 2. SHIVANNA S/O LATE BUDDI CHITTAPPA, AGED ABOUT 41 YEARS. 3. BALAMMA W/O LATE BUDDI CHITTAPPA, AGED ABOUT 60 YEARS, (ALL ARE RESIDING AT BADAGHOLLARA HATTI, YALLADAKERE POST HIRIYUR. …PETITIONERS (BY SRI. ABHISHEK M.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010630812025 NC: 2026:KHC:51439 WP No. 29464 of 2025 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER DC BUILDING, CHITRADURGA-577 501. 3. THE ASSISTANT COMMISSIONER REVENUE SUB-DIVISION OFFICE OF THE ASSISTANT COMMISSIONER, DC BUILDING, CHITRADURGA-577 501. 4. THE TAHSHILDAR OFFICE OF THE HIRIYUR TALUK HIRIYUR-577 599. SANNA RANGAPPA, S/O LATE BUDRARANGA NAIK, SINCE DECEASED REPRESENTED BY HIS LEGAL HEIR. 5. R. MANJANNA S/O LATE RANGASWAMY, AGED ABOUT 48 YEARS R/AT EDDALANAGENA HALLI, UDUVALLU POST, HIRIYUR-577 599. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; SRI. ANANDEESWAR D.R., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR ISSUE OF WRIT OF PROHIBITION AND CERTIORARI. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 3 - HC-KAR CNR: KAHC010630812025 NC: 2026:KHC:51439 WP No. 29464 of 2025 ORAL ORDER Sri. Abhishek M. B., counsel for the petitioners; Smt. Savithramma, AGA for respondents 1 to 4; and Sri. Anandeeswar D. R., counsel for respondent No. 5, appeared in person. 2. The petition is filed seeking the following reliefs. a) Writ of prohibition, directing or restraining the 3rd respondent - Assistant Commissioner from holding or initiating impugned restoration proceedings produced at Annexure-K, under purported provisions of the PTCL Act, 1978, in any manner, which is pending on the case file bearing No.PTCLHYR.9/2025-26 before the 3rd respondent, which may be held to be quashed and set aside as being unjustified, ultra vires, arbitrary, unjust, unconstitutional, and illegal. b) Writ of certiorari quashing the impugned show cause notice dated:10.06.2025 bearing No.PTCLHYR.ARJI VAHI.9/2025-26 produced at Annexure-J issued by the 3rd respondent and impugned communication dated18.03.2025 produced at Annexure-H forwarded by 4th respondent Tahsildar and all consequential proceedings emanating therefrom, which are held to be quashed and set aside as ultra vires, unjustified, arbitrary and illegal. - 4 - HC-KAR CNR: KAHC010630812025 NC: 2026:KHC:51439 WP No. 29464 of 2025 c) Issue other suitable writs, orders or directions to the respondents as this Hon'ble Court deems fit and proper in the facts and circumstances of this case and in the interest of justice and equity, good conscience. 3. Counsel for the respective parties urged several contentions. AGA and counsel for respondent No.5 argue that the petition is premature since the Assistant Commissioner has merely issued a notice in the proceedings started by the family of the grantee. Therefore, they request that a suitable order be issued. 4. The submission made on behalf of the respective parties is placed on record. 5. A review of the records shows that the proceedings have been started under the PTCL Act, with the Assistant Commissioner only issuing a notice for the petitioners to appear at this point. The main argument from the petitioners is that the proceedings before the Assistant Commissioner are not - 5 - HC-KAR CNR: KAHC010630812025 NC: 2026:KHC:51439 WP No. 29464 of 2025 valid. Therefore, they have raised preliminary objections regarding the proceedings' maintainability and jurisdiction. Since only a notice of appearance has been issued, there is no reason to quash these notices at this point. The petitioners' concerns about the proceedings' maintainability and jurisdiction can be properly evaluated and decided by the Assistant Commissioner initially. Accordingly, the petition is disposed of. The petitioners may, however, submit their objections concerning the maintainability and jurisdiction of the proceedings to the Assistant Commissioner. If such objections are raised, the Assistant Commissioner shall review and decide them as preliminary objections, following proper legal procedures, before continuing with the case. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 21