IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.978/2023 (SC/ST)

BETWEEN:

MR. M.K. BALADEVKRISHNA AGED ABOUT 70 YEARS SON OF LATE MRS. SAROJAMMA R/AT. HOSAMANE EXTENSION SHIMOGA-577301. Digitally signed by ARSHIFA BAHAR KHANAM …APPELLANT Location: HIGH (BY SRI. DHYAN CHINNAPPA, SR. ADV., FOR COURT OF SRI. SUNDARA RAMAN M.V. ADV.,)

KARNATAKA AND:

1. MR. SACHIDANANDA MURTHY S/O LATE MR. A. HANUMANTHAPPA AGED ABOUT 50 YEARS DHARMASHREE NILAYA MISSION COMPOUND BESIDE CHINMAYA HOSPITAL KUVEMPU ROAD, SHIMOGA-577201.

2. THE ASSISTANT COMMISSIONER SHIVAMOGGA DISTRICT SHIMOGA-577201.

3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIMOGA-577201.

4. DR. H.R. RAJESHWARI DEVI AGED ABOUT 55 YEARS D/O LATE MR. A. HANUMANTHAPPA R/A VENLOCK HOSPITAL MANGALORE-575001.

5. MRS. H. GEETHANJALI AGED ABOUT 53 YEARS D/O LATE MR. A. HANUMANTHAPPA R/A DHARMASHREE NILAYA MISSION COMPOUND BESIDE CHINMAYA HOSPITAL KUVEMPU ROAD, SHIVAMOGGA-577201.

6. MRS. H. RAJANI AGED ABOUT 45 YEARS D/O LATE MR. A. HANUMANTHAPPA R/A DHARMASHREE NILAYA MISSION COMPOUND BESIDE CHINMAYA HOSPITAL KUVEMPU ROAD, SHIVAMOGGA-577201.

…RESPONDENTS (BY SRI. R. GOPAL, ADV., FOR R1 SRI. JAYALINGAYYA MUDENOORMATH, AGA FOR R2 & R3 R4 & R5 SERVED R6 SERVICE OF NOTICE IS H/S V.C.O.DTD:02.02.2026)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER DATED 04/07/2023, PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.3497/2022 AND CONSEQUENTLY DISMISS THE WRIT PETITION & ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 10.02.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 04.07.2023 passed by the learned Single Judge in W.P.No.3497/2022 (SC-ST).

2. Sri.Dhyan Chinnappa, learned Senior Counsel appearing for Sri.Sundara Raman M.V., learned counsel for the appellant submits that the learned Single Judge has failed to appreciate that Smt.Sarojamma, the grantee, executed the Will dated 20.08.2001 bequeathing the granted properties in favour of Sri.A.Hanumanthappa and the execution of the Will was not within the knowledge of the legal representatives of the grantee Smt.Sarojamma, who died on 17.06.2002. It is further submitted that, when appellant visited the land, he came to know that the legal representatives of A.Hanumanthappa are in possession, he filed an application for restoration of land. The filing of an application for restoration of land by the appellant is within the time from the date of knowledge. The bequeathing of property in favour of A.Hanumanthappa is not a transfer under the provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'PTCL Act'). It is further submitted that effecting the revenue entries based on such a Will cannot be construed as constructive notice to the appellant. Hence, allowing of the writ petition of respondent No.1 by the learned Single Judge is contrary to law and material available on record as there is no time stipulated in Section 5 of the PTCL Act for filing an application for restoration. Hence, he seeks to allow the appeal.

3. Sri.R.Gopal, learned counsel appearing for the respondent No.1 supports the impugned order of the learned Single Judge and submits that immediately after the death of testator, the name of A.Hanumanthappa was entered in the revenue records and from the said date, the appellant is aware about the execution of Will and also aware that respondent No.1's father was in physical possession of the property, such an aspect is required to be construed as construc