IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT APPEAL NO.100542 OF 2024 (SCST)

BETWEEN:

1. SMT. MALLAVVA D/O JAYAVANT HARIJAN, AFTER MARRIAGE MALLAVVA W/O SOMALINGAPPA MADAR, AGE. 35 YEARS, OCC. LABOR, 2. FAKKIRAPPA S/O JAYAVANT HARIJAN AGE. 28 YEARS, OCC. LABOR, 3. SMT. NINGAVVA W/O YALLAPPA KANAVI AGE. 30 YEARS, OCC. LABOR, 4. SMT. KAREVVA W/O JAYAVANT HARIJAN AGE. 35 YEARS, OCC. LABOUR, VISHAL DsVNP i A I ig IS g NT ni H T te G a Ad IA l H Lb P y A y PLA ALL ARE R/O HASARAMBI, POST MUTTAGERI, N PA IN TT G I A H P A P L ALHCKDB o E AO H IcG N RU A aH N CR t R i A H o W T n T O A : AD FKA TQ. KALAGHATAGI, DIST. DHARWAD-581204.

…APPELLANTS (BY SRI. V.M. SHEELAVANTH, ADVOCATE FOR SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560001.

2. DEPUTY COMMISSIONER, DHARWAD-580001.

3. ASSISTANT COMMISSIONER, DHARWAD-580001.

4. TAHSILDAR, HUBBALLI-580020. 5. SMT. BHARATI W/O VISHNU DANI AGE. 61 YEARS, OCC. HOUSEWIFE, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

6. RAJESHWARI D/O VISHNU DANI AGE. 41 YEARS, OCC. HOUSEHOLD, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

7. KAVITHA D/O VISHNU DANI AGE. 39 YEARS, OCC. HOUSEHOLD, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

8. VISHAL S/O VISHNU DANI AGE. 36 YEARS, OCC. BUSINESS, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

9. SWATHI D/O VISHNU DANI AGE. 34 YEARS, OCC. BUSINESS, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

10. SRI. VICKY S/O VISHNU DANI AGE. 32 YEARS, OCC. BUSINESS, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

11. SMT. SNEHA W/O UMESH METHRANI AGE. 30 YEARS, OCC. HOUSEHOLD, R/O HOUSING BOARD COLONY, KESHWAPUR, HUBBALLI-580023.

12. MANJUNATH S/O RAMACHANDRA BOJGAR AGE. MAJOR, OCC. AGRICULTURE, R/O. MEDAR ONI, HUBBALLI-580020.

13. JEETU S/O RAMACHANDRA BOJGAR AGE. MAJOR, OCC. AGRICULTURE, R/O MEDAR ONI, HUBBALLI-580020.

14. SMT. SHASHIKALA HATEL BABU BOJGAR AGE. MAJOR, OCC. HOUSEWIFE/AGRICULTURE, R/O MEDAR ONI, HUBBALLI-580020.

…RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1964, PRAYING TO SET ASIDE THE ORDER DATED 26-03-2024 IN WRIT PETITION NO.108013/2023, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

This intra-Court appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against order dated 26.03.2024 passed in WP No.108013/2023, whereunder the appellants’ writ petition questioning the order dated 24.08.2022 passed by respondent No.3/Assistant Commissioner rejecting their request for restoration of land under the provisions of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978, 1For short ‘PTCL Act’ and confirmed by the order of Deputy Commissioner dated 25.05.2023, was dismissed.

2. Heard the learned counsel Sri. V.M. Sheelavant for learned counsel Sri. Raja Raghavendra Naik for the appellants and learned AGA Sri. Sharad V Magadum for the respondents No.1 to 4. Perused the entire writ appeal papers.

3. The appellants claimed that they are the grand children of one Durgappa Kalappa Madar, who is said to have been granted the land on 15.3.1939. The father of the appellants/petitioners sold the said land in favour of the husband of respondent No.5 under two different sale deeds dated 3.4.1979. Thereafter, respondent No.4/Tahsildar initiated suo-moto proceedings under Section 5 of the PTCL Act and by order dated 27.9.2002 restored the land in question to the appellants, against which respondent No.5 filed an appeal before the Assistant Commissioner.