- 1 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 45924 OF 2018 (SCST-) BETWEEN: SMT. H. S. BHARATHI AGED ABOUT 52 YEARS KOM. SHANKAREGOWDA NO.22 & 23, 4TH MAIN ROAD HAVANUR EXTENSION NAGASANDRA POST, BENGALURU-73 …PETITIONER (BY SRI. S G HEGDE .,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA, BENGALURU -560001 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, K G ROAD BENGALURU -560001. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KANDAYA BHAVANA, K G ROAD BENGALURU- 560009. 4. SMT NAGAMMA W/O LATE M RAMAIAH THAMMENAHALLI PALYA VILLAGE CHIKKABANAVARA POST Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 DASANAPURA HOBLI BENGALURU NORTH TALUK PRESENTLY AT NO.26 10TH CROSS, MAGADI ROAD DASARAHALLI, BENGALURU-79 5. SMT SAROJINI KOM MOAHAN NAYAK MAJOR 6. SRI MOHANA NAYAK S/O LATE MANJAPPA NAYAK MAJOR 7. SRI M RAJU S/O MOHAN NAYAK MAJOR 8. SRI M RAVI S/O MOHANA NAYAK MAJOR 9. SRI M RAGHU S/O MOHAN NAYAK MAJOR R5 TO R9 ARE R/A ANCHEPALYA AT SRIKANTAPURA VILLAGE TUMKUR ROAD DASAPURA HOBLI BENGALURU NORTH TALUK 10. SRI E KRISHNAPPA S/O LATE YARAPPA MAJOR R/A NO.1 ADAKAMARANAHALLI VILLAGE 21ST KILOMETER, TUMKUR ROAD MAKALI POST, BENGALURU-560123 - 3 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 11. SRI SOMBEGOWAD SINCE DEAD BY LR PETITIONER NO.1. SMT. H. S. BHARATHI AGED ABOUT 52 YEARS KOM. SHANKAREGOWDA NO.22 & 23, 4TH MAIN ROAD HAVANUR EXTENSION NAGASANDRA POST, BENGALURU-73 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; SRI. KUMARA K.G., ADVOCATE FOR R4 (ABSENT) SRI. VINAYA H., ADVOCATE FOR; SRI. B. RAVINDRA PRASAD, ADVOCATE FOR R5 -R9; R10 - SERVED & UNREPRESENTED; V/O DTD:26/7/24 PETITIONER IS ONE OF THE LR OF R11) 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.G.Hegde., counsel for the petitioner; Smt.Savithramma., Additional Government Advocate for respondent Nos. 1 to 3, and Sri.Vinaya.H., counsel on behalf of Sri.B.Ravindra Prasad., for respondents 5 to 9 appeared in person. - 4 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 There is no representation no behalf of counsel for respondent No.4. 2. The petition is filed seeking a writ of certiorari to quash the order passed by the Deputy Commissioner. This order is challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. 3. Counsel for the respective parties advanced several contentions. The Court heard the arguments and carefully perused the papers. 4. The issue involved in the present case is confined to the resumption proceedings. Sy.No.22/1, presently bearing No.22/1A, situated at Thammenahalli Village, Dasanapura Hobli, Bengaluru North Taluk, measuring 1 acre 17 guntas, was granted by the Special Deputy Commissioner, in favor of Bodappa in 1958 under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. Subsequent to the grant, the said property was sold in favor of the fifth respondent on 29.06.1995. The fifth respondent, in turn, sold the property in favor of the tenth - 5 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 respondent on 19.01.2005. Thereafter, the tenth respondent sold the property in favor of the eleventh respondent on 11.08.2005. The eleventh respondent, being the father of the petitioner, gifted the said property in favor of the petitioner on 02.03.2006. While matters stood thus, in 2011, the fourth respondent claiming herself to be a legal heir of Mr.Bodappa initiated proceedings for resumption of the land by invoking the provisions of the PTCL Act, contending that the alienation was in violation of the provisions of the said Act. The Assistant Commissioner rejected the claim, observing that the land had been granted under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, and that the said enactment did not impose any restriction on the alienation of the granted land. Aggrieved by the said order, an appeal was preferred before the Deputy Commissioner. The Deputy Commissioner, however, remanded the matter to the Assistant Commissioner for fresh consideration. The order of remand passed by the Deputy Commissioner cannot be sustained. The reason is apparent from the - 6 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 undisputed facts of the case. It is not in dispute that the land in question was granted under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. The said Act does not impose any restriction on the alienation of the granted land. Therefore, the question of violation of the provisions of the PTCL Act, so as to warrant resumption of the land, would not arise in the facts and circumstances of the present case. Consequently, the proceedings initiated by the family members of the original grantee seeking resumption of the land under the provisions of the PTCL Act are liable to be quashed. Accordingly, the order passed by the Assistant Commissioner is upheld and the order of remand passed by the Deputy Commissioner is set aside. 6. For the foregoing reasons, the order of the Deputy Commissioner is liable to be set aside. 7. The writ of certiorari is ordered. The order dated 24.10.2017 passed by the Deputy Commissioner vide Annexure-K is quashed. As this Court has quashed the order, - 7 - HC-KAR CNR: KAHC010166612018 NC: 2026:KHC:52562 WP No. 45924 of 2018 the authority concerned is hereby directed to restore the petitioner's name in the subject land in the revenue records. 8. Resultantly, the writ petition is allowed. On disposal of the Writ Petition, any interim order stands discharged, and any pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 25