2026 Supreme(Online)(Kar) 18058
THE HIGH COURT OF KARNATAKA
R DEVDAS
DR. MOLAKALA PRASAD REDDY – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WP 9404/2026
##PAGE1##
- 1 -
NC: 2026:KHC:18144 WP No. 9404 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026
BEFORE THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 9404 OF 2026 (SC-ST)
BETWEEN:
DR. MOLAKALA PRASAD REDDY SINCE DEAD BY HIS L.RS.
1. SMT. DR. MOLAKALA HEMALATHA AGED ABOUT 73 YEARS,
W/O LATE MOLAKALA PRASAD REDDY. 2. SMT. MOLAKALA NEETHA PRASAD
AGED ABOUT 52 YEARS, D/O LATE MOLAKALA PRASAD REDDY. 3. SMT. MOLAKALA NITHYA PRASAD
Digitally signed AGED ABOUT 39 YEARS, by JUANITA THEJESWINI D/O LATE MOLAKALA PRASAD REDDY,
Location: H IGH PETITIONER NO.1 & 2 ARE COURT OF KARNATAKA REPRESENTED BY THEIR GPA HOLDER
SMT. DR. MOLAKALA HEMALATHA
ALL ARE RESIDING AT NO.3/1158, YMR COLONY, PRODDATUR,
KADAPA DISTRICT, ANDHRA PRADESH-516360
…PETITIONERS (BY SRI. NITHIN K.N.. ADVOCATE FOR SRI. HARI KRISHNA K A., ADVOCATE)
##PAGE2##- 2 -
NC: 2026:KHC:18144 WP No. 9404 of 2026
HC-KAR AND:
1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT,
K.G. ROAD, BENGALURU 560009.
2. SRI. MUTHURAJ.V S/O LATE VENKATESHAPPA,
AGED ABOUT 33 YEARS, R/AT BANDIKODIGEHALLI VILLAGE,
JALA HOBLI, YELAHANKA TALUK, BENGALURU-562149.
…RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1
SRI. KASHINATH J.D., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED 29-1- 2026 PASSED BY THE 1ST RESPONDENT I.E., THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, IN K.SC.ST.PTCL APPEAL NO.18/2024 ALLOWING MEMO DATED- 29-1-2026 FILED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A AND THEREBY TO DISMISS THE SAID MEMO,
WITH EXEMPLARY COSTS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
##PAGE3##- 3 -
NC: 2026:KHC:18144 WP No. 9404 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned High Court Government Pleader accepts
notice for respondent No.1. Learned Counsel Sri Kashinath J.D., has entered appearance for respondent
No.2.
2. The grievance of the petitioners is in respect of the
impugned orders dated 29.01.2026, 12.02.2026 and 26.02.2026 passed by the first respondent-Deputy Commissioner in proceedings bearing No.PTCL 18/2024
which is filed by the petitioners herein.
3. Learned counsel for the petitioners submits that at
the instance of respondent No.2, the Assistant Commissioner has passed an order in proceedings bearing No.K.SC.ST(BNA) 4/2020 dated 14.12.2022, allowing the petition filed under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 while directing resumption and restoration of the lands in favour of
##PAGE4##- 4 -
NC: 2026:KHC:18144 WP No. 9404 of 2026
HC-KAR
respondent No.2. Being aggrieved by the order passed by the Assistant Commissioner, the petitioners herein filed an appeal before the Deputy Commissioner, Bengaluru Urban
District, in Appeal No.18/2024-25.
4. Learned counsel submits that the second
purchaser Smt.B.S.Leelavathi was directed to be arrayed as a party to the proceedings as respondent No.4. However, the petitioners filed a memo seeking deletion of respondent No.4 and accordingly an order was passed on 11.09.2025 permitting deletion of respondent No.4. However, one more memo was filed by respondent No.2 herein seeking to bring the legal representatives of respondent No.4 - Smt.Leelavathi on record. The Deputy Commissioner has passed an order on 29.01.2026 without even hearing the petitioners who are the appellants on record in respect to the memo filed by respondent No.2 herein. Moreover in PTCL proceedings the first purchaser would become a necessary party having regard to the fact that the first transaction is always under challenge in PTCL
##PAGE5##- 5 -
NC: 2026:KHC:18144 WP No. 9404 of 2026
HC-KAR
proceedings. The first purchaser is one Mr.Abdul Bashid and Smt. Leelavathi purchased the property from Mr.Abdul Bashid and thereafter she sold it in favour of M/s.J.B. & Hara Properties who in turn sold in favo