IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 16^TH DAY OF DECEMBER 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 104728 OF 2024 (SCST)

BETWEEN:

1. T. HANUMAKKA

W/O. LATE TILAVARS ERAPPA @ VEERAPPA,

AGE: 60 YEARS, OCC: AGRICULTURIST.

2. T. NAGAMMA

D/O. LATE TALVARS ERAPPA @ VEERAPPA,

AGE: 43 YEARS, OCC: AGRICULTURIST.

3. T. RAJESHWARI @ RAJAMMA

D/O. LATE TALVARA ERAPPA @ VEERAPPA,

AGE: 40 YEARS, OCC: AGRICULTURIST.

Digitally s igned by

CHANDRASHEKAR 4. M. VANAJAKSHI

LAXMAN

KATTIMANI D/O. LATE TALAVAR ERAPPA @ VEERAPPA,

Location: HIGH

COURT OF AGE: 39 YEARS, OCC: AGRICULTURIST.

KARNATAKA

DHARWAD BENCH

Date: 2025.12.18

15:23:17 +0530 5. T. ANJAAPPA

S/O. LATE TALAVARA ERAPPA @ VEERAPPA,

AGE: 36 YEARS, OCC: AGRICULTURIST.

6. T. NAGARAJA

S/O. LATE TALAVAR ERAPPA @ VEERAPPA,

AGE: 35 YEARS, OCC: AGRICULTURIST.

7. M. SHANTAPPA S/O. LATE AGSAR

SANNNA HANUMANTAPPA,

AGE: 46 YEARS, OCC: AGRICULTURE, ALL R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

…PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560001.

2. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE, HOSPETE, VIJAYANAGARA-583201.

3. THE ASSISTANT COMMISSIONER HOSPETE SUB-DIVISION, VIJAYANAGARA DISTRICT-583201.

4. BHEEMAVVA W/O. LATE MYASARA BORAPPA AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

5. HANUMAKKA D/O. LATE MYASARA BORAPPA AGE: 68 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

6. M. ANJINAPPA S/O. LATE MYASARA BORAPPA AGE: 66 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

7. M. ERANNA S/O. LATE MYASARA BORAPPA AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

8. M. HANUMANTHAPPA S/O. LATE MYASARA BORAPPA, AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

9. M. OBALESHA S/O. LATE MYASARA BORAPPA AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135.

…RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R3;

SRI. HANAMANT R.LATUR, ADVOCATE FOR R4 TO R9)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/02/2024 BEARING NO. A.VLE.SAM.KAM.PARBHARE. AFILU.14/2022-23 IN RCCMS CASE ID.PTCL/14/2022 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-J WITH RESPECT TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for respondents No.1 to 3, and learned counsel appearing for the private respondents.

2. This petition is filed assailing the order dated

24.07.2024 passed by respondent No.2-Deputy Commissioner and the order dated 27.02.2024 passed by respondent No.3-

Assistant Commissioner.

3. In terms of both the impugned orders, respondents No.2 and 3 have held that the transactions pertaining to the petition properties are hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, For short, ‘Act of 1978’

4. Learned counsel appearing for the petitioners would submit that first sale transaction took place in the year 1966, second sale transaction in 1967, third sale transaction in 1999, fourth sale transaction in 2018 and fifth sale transaction in 2019.

5. It is not in dispute that the entire granted land was sold in the year 1966, and thereafter, a portion of the property was sold by the subsequent purchasers. Admittedly, the dispute is raised for the first time in 2023 by the children of original