IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1334 OF 2024 (SCST)

BETWEEN:

HANUMAKKA W/O. CHIKKATHIMMARAYAPPA, SINCE DECEASED BY HER LRS., VIJAYAMMA. J W/O. THIMMARAYAPPA, AGED ABOUT 51 YEARS, R/AT HULIMANGALA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, Digitally BANGALORE-562 106.

signed by NIRMALA ALSO R/AT NO. 215, DEVI

24TH MAIN ROAD, 25TH CROSS, Location:

HIGH COURT NEAR PARANGIPALYA, OF HSR LAYOUT, KARNATAKA BANGALORE-560 102.

…APPELLANT (BY SRI. PRAKASHA K V, ADVOCATE)

AND:

M. NAGARAJU S/O LATE MUDDAIAH SHETTY SINCE DECEASED BY HIS LEGAL REPRESENTATIVES 1. SMT N LAKSHMI W/O. LATE M. NAGARAJU, AGED ABOUT 65 YEARS, 2. SRI. N. ABHILASH S/O. LATE M. NAGARAJU, AGED ABOUT 43 YEARS, BOTH ARE R/AT NO. 27/8, MARUTHI NILAYA, 3RD MAIN ROAD, HANUMANTHNAGARA, BANGALORE-560 019.

3. SMT. M. B. ANUPAMA D/O. LATE M. NAGARAJU, W/O. SRI. M.B. BALAJI, AGED ABOUT 41 YEARS, R/AT NO. 259, KAMADHENU, NARYANAPILLAI STREET, SHIVAJINAGAR, BENGALURU-560 001.

4. STATE OF KARNATAKA REP BY ITS SECRETARY, REVENUE BUILDING, MS. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

5. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, K.G. ROAD, BANGALORE-560 009.

6. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, KANDAYA BHAVAN, K.G. ROAD, BANGALORE-560009.

…RESPONDENTS (BY MISS. NILOUFER AKBAR, AGA FOR R4 TO R6 SRI. S.K. MITHUN, ADVOCATE FOR R2 R1 AND R3 ARE SERVED AND UNREPRESENTED)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN RESPECT OF WP No. 23797/2017 (SC-ST), SET ASIDE THE IMPUGNED ORDER DATED 1.08.2023 PASSED BY THE HONBLE SINGLE JUDGE IN WP No. 23797/2017 (SC-ST)3. PASS ANY SUCH OTHER ORDER OR DIRECTION THAT THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THE PRESENT PETITION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present appeal is filed by the legal representative of one Smt. Hanumakka, who was arrayed as respondent No.4 in the writ petition calling in question the order dated 01.08.2023 passed in Writ Petition No.23797/2017 (SCST), whereunder the writ petition was allowed and the orders dated 27.03.2012 passed by the Assistant Commissioner and the order dated 29.11.2016 passed by the Deputy Commissioner, were set aside.

2. The relevant facts are that an extent of 2 acres of land bearing No.155/27 (New No.323) situated at Hulimangala Village, Jigani Hobli, Anekal Taluk, [subject property] was granted to one Sri Chikkathimmarayappa [original grantee] vide order dated 06.12.1940 in case No.13/1940-41. The original grantee sold the subject property to one Smt. Giddamma vide registered Sale Deed dated 13.05.1974. Smt. Giddamma sold 1 acre of the subject property to one Smt. Fathima Bi and another 1 acre to one Smt. Neelamma under two separate Sale Deeds dated 28.06.1974. The said Smt. Neelamma sold the land she had purchased to one Sri M. Nagaraju vide registered Sale Deed dated 13.11.1995. Smt. Fathima Bi sold 1 acre of the subject property to one Sri. K.M.

Poovaiah, who in turn sold to one Smt. Bhagyalakshmi.

3. The original grantee filed an application [case No.K.SC.ST.48/1987-88] for restoration of possession before the Assistant Commissioner under Section 5(1) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act]. However, the said proceedings were dropped by an order dated 27.08.1992. This order was neither challenged by the original grantee nor by anybody else.

4. Subsequently, one Smt. Hanumakka, daughter of the original grantee, filed an application under the PTCL Act in respect of the entire extent of the subject property before the Assistant Commissioner, which was allowed