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2026 Supreme(Online)(Kar) 27880

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


DATED THIS THE 5TH DAY OF JUNE, 2026


BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS


WRIT PETITION NO.10992 OF 2024 (SC-ST)


BETWEEN


SMT ANASUYA


D/O LATE H MUNIYAPPA


AGED ABOUT 41 YEARS,


R/AT NO.105/3, GEDDALAHALLI,


R M V II STAGE


SANJAYANAGAR POST


BENGALURU-560094.


...PETITIONER


(BY SRI. RAGHAVENDRA V, ADVOCATE)


AND


1 . THE DEPUTY COMMISSIONER


BENGALURU DISTRICT


BENGALURU-560009.


2 . SRI C ANJINAPPA


SINCE DEAD BY HIS LRS


SMT PADMA


W/O LATE ANJINAPPA


AGED ABOUT 55 YEARS,


3 . SRI NAGARAJA


S/O LATE ANJINAPPA


AGED ABOUT 35 YEARS,


4 . SRI VENUGOPAL


S/O LATE ANJINAPPA


AGED ABOUT 32 YEARS,


RESPONDENTS NO.2 TO 4 ARE


R/AT NO.3, MUNESHWARA NILAYA,


4TH BLOCK, DODDABOMMASANDRA,


VIDYARANYAPURA POST,


BENGALURU-560097.


5 . SRI KILARI TIRUPATI NAIDU


S/O VENKATARAYULU


AGED ABOUT 63 YEARS,


R/AT NO.13/245,


OLD MILITARY COLONY,


DARGA MITTA, NELLORE,


ANDHRA PRADESH-524004


6 . SRI GOWRENERI SRINIVASALU


S/O VENKATARAYULU


AGED ABOUT 55 YEARS


R/AT ALLIPURAM


NELLURU TOWN


NELLORE DISTRICT


ANDHRA PRADESH-524001.


7 . SRI BOPPURU PRASAD


S/O VENKATARAYULU


AGED ABOUT 57 YEARS


R/AT NO.16-3/72


RAMALINGAPURAM


NELLORE-524003


ANDHRA PRADESH.


8 . SRI. VELDI VENKATESHWARALU


S/O TIRUPATI NAIDU


AGED ABOUT 43 YEARS,


R/AT B V NAGARA,


NELLORE POST-524001


ANDHRA PRADESH.


9 . SMT MUNIYAMMA


SINCE DEAD BY HER LRS


SRI LAKSHMIPATI @ EAMARAO


S/O LATE MUNIYAPPA


AGED ABOUT 58 YEARS,


R/AT NO.1, RAVIPUTRA NILAYA


DX MAX LAYOUT, SINGAPURA


NEAR SAMBHRAM COLLEGE


VIDYARANYAPURA POST


BENGALURU-560097.


SRI GANGARAJU


SINCE DEAD BY HIS LRS


10 . SMT ANNAPOORNA


W/O LATE GANGARAJU


AGED ABOUT 44 YEARS,


11 . SMT MEGHANA


D/O LATE GANGARAJU


AGED ABOUT 24 YEARS,


12 . KUM GAYATHRI


D/O LATE GANGARAJU


AGED ABOUT 21 YEARS,


RESPONDENTS NO.10 TO 12 ARE


R/AT NO.105/3, GEDDADAHALLI,


R M V II STAGE, SANJAYANAGAR POST,


BENGALURU-560094.


13 . SRI KODANDARAMA


S/O LATE MUNIYAPPA


AGED ABOUT 51 YEARS


R/AT NO.38, DEVINAGARA


KANNURAMMA TEMPLE ROAD,


LOTTEGOLLAHALLI


R.M.V. III STAGE


BENGALURU-560094.


14 . SMT JYOTHI


D/O LATE MUNIYAPPA


AGED BOUT 40 YEARS,


R/AT NO.44, 22ND MAIN,


6TH CROSS KANTEERAVANAGARA,


BENGALURU-560096.


15 . SMT LAKSHMI


D/O LATE MUNIYAPPA


AGED BOUT 60 YEARS,


R/AT NO.44, 22ND MAIN,


6TH CROSS KANTEERAVANAGARA,


BENGALURU-560096.


16 . SMT PARVATHI


D/O LATE MUNIYAPPA


AGED BOUT 55 YEARS,


R/AT NO.46/5,3RD MAIN ROAD,


6TH CROSS, KANTEERAVANAGARA,


BENGALURU-560096.


SMT HEMAVATHI


SINCE DEAD BY HER LRS


17 . SRI NAGARAJA


H/O LATE HEMAVATHI


AGED ABOUT 66 YEARS


18 . SMT NIRMALA


D/O LATE HEMAVATHI


AGED ABOUT 30 YEARS,


RESONDENTS NO.17 & 18 ARE


R/AT NO.51 RAJATHA NILAYA


NEAR JALAGERAMMA TEMPLE,


R.M.V. II STAGE


BENGALURU-560094.


19 . SMT SUSHEELA PADMANABHA


W/O ANANTAPADMANABHA


AGED ABOUT 59 YEARS,


R/AT NO.49, 3RD MAIN ROAD,


AATMEEYA GELEYARABALAGA


MAHALAKSHMIPURAM


BENGALURU-560086


20 . SRI ANANTAPADMANABHA MADHYASTHA


S/O LATE SHANKAR MADHYASTHA


AGED ABOUT 62 YEARS,


R/AT NO.49, 3RD MAIN ROAD,


AATMEEYA GELEYARABALAGA


MAHALAKSHMIPURAM


BENGALURU-560086.


21 . THE ASSISTANT COMMISSIONER


BENGALURU NORTH SUB DIVISION


BENGALURU-560009.


22 . SRI PRAVEEN KUMAR RAYANAGOWDAR


S/O LATE VIRUPAKSHA GOWDA


AGED ABOUT 33 YEARS,


R/AT NO.23, 2ND CROSS, 7TH MAIN,


TATA NAGAR, KODIGEHALLI


BENGALURU-560092.


23 . SRI KHAJA MOHIYUDDEEN


S/O LATE K A RAHIM


AGED ABOUT 66 YEARS,


R/AT NO.6, 2ND STAGE,


KARNATAKA LAYOUT,


KURUBARAHALLI


BENGALURU-560079.


24 . SRI MANORANJAN ACHARYA


S/O LATE SRISHA ACHARYA


AGED ABOUT 38 YEARS,


R/AT FFA 1ST FLOOR,


RENUKA RESIDENCY APARTEMNT,


SRINIDHI LAYOUT, SAI GARDEN,


VIDYARANYAPURA


BENGALURU-560097.


25 . SRI ABHISHEK MOHANTI


S/O PRABHAKAR MOHANTI


AGED ABOUT 36 YEARS,


R/AT NO.116/3A


BABUREDDY BUILDING,


MARATHHALLI MUNNEKOLALU


BENGALURU-560037.


26 . SRI SAANU VASUDEVAN


S/O P U VASUDEVAN


AGED ABOUT 39 YEARS,


R/AT NO.R3, 113, 16TH CROSS,


1ST A MAIN, AECS LAYOUT,


STAGE -1, SANJAYANAGAR


BENGALURU-560097.


27 . SMT KAVITHA NATH


W/O SHUBENDHU NATH


AGED ABOUT 39 YEARS,


R/AT NO.73, 2ND CROSS


LAKE SHORE GARDENS, TINDLU


VIDYARANYAPURA


BENGALURU-560097.


28 . SRI SURESH NAIR


S/O P K NAIR


AGED ABOUT 52 YEARS,


R/AT NO.506, SREE VIHAR,


M E S ROAD, GOKULA POST


NEAR BALAJI NURSING HOME,


BENGALURU-560054.


29 . SRI ANAND PAUL GOMES


S/O LATE PETER POUL GOMES


AGED ABOUT 25 YEARS,


R/AT NO.T1, SAI JYOTHI 28,


D COSTA LAYOUT, 1ST CROSS,


OPP TO ANDHRA BANK COOKE TOWN


BENGALURU-560084.


30 . SRI M V VINAY


S/O M K VITTAL MURTHY


AGED ABOUT 38 YEARS,


R/AT NO.2, A C 805, 8TH MAIN


1ST BLOCK, KALYAN NAGAR


BENGALURU-560043.


31 . SRI M GANESH


S/O R MOHAN


AGED ABOUT 40 YEARS,


R/AT NO.744, 2ND MAIN


GROUND FLOOR, MATHIKERE


BENGALURU-560054.


32 . SRI SIDDANAGOUDA KANDAGAL


S/O BASANAGOUDA KANDAGAL


AGED ABOUT 48 YEARS


R/AT NO.23, SAHANA 7TH MAIN,


2ND CROSS, TATA NAGAR,


KODIGEHALLI


BENGALURU-560092.


33 . SRI PATIL BALAVANT NARESH


S/O NAGESH PATIL


AGED ABOUT 33 YEARS,


R/AT NO.2, CHIKKABETTAHALLI,


OPP. SAMBHRAM INSTITUTE OF TECHNOLOGY


M S PALYA, VIDYARANYAPURA POST


BENGALURU-560097.


34 . SRI YOGESH RATNA SAHU


S/O BALAKRISHNA SAHU


AGED ABOUT 35 YEARS,


R/AT NO.1180, 5TH CROSS,


4TH MAIN, L N COLONY


YESHWANTHPURA


BENGALURU-560022.


35 . SRI NARAYAN LAL SIRVI


S/O SHANKAR LAL


AGED ABOUT 30 YEARS,


R/AT NO.23, BORIA GOWDA NIVAS,


KUTTY COLONY, JAYANAGAR 1ST BLOCK


BENGALURU-560011.


36 . SRI G HARISH


S/O GOPALAPPA


AGED ABOUT 41 YEARS,


R/AT NO.217, 4TH CROSS,


4TH MAIN, AGRAHARA LAYOUT,


BENGALURU-560064.


37 . SMT JAYALAKSHMI


W/O SHASHIKUMAR


CHINTAMANI NAGAR


GUFFUR COLONY


HARIHAR-577601.


38 . SRI Y M SHASHIKUMAR


S/O VASUDEVA MEHARWADA


CHINTAMANI NAGAR


GUFFUR COLONY


HARIHAR-577601.


39 . THE TAHSILDAR


BENGALURU NORTH (ADDL) TALUK


BENGALURU-560009.


40 . THE REVENUE INSPECTOR


RAMACHANDRAPPA CIRCLE


BENGALURU NORTH (ADDL) TALUK


BENGALURU-560009.


41 . THE VILLAGE ACCOUNTANT


DODDABETTAHALLI


YELAHANKA HOBLI


BENGALURU NORTH (ADDL) TALUK


BENGALURU-560009.


……RESPONDENTS


(BY SRI. SHAMANTH NAIK., HCGP FOR R1, R39 TO R41


SRI. S.N.ASWATHANARAYANA., SR. COUNSEL FOR


SRI.S.A.SUDHINDRA., ADVOCATE FOR R5 TO R8


SRI.ANANDARAMA.K., ADVOCATE FOR R9


SRI. H.R.KRISHNA REDDY., ADVOCATE FOR R10 TO R14,


R16 & R18


SRI. SOMASHEKAR NAIDU., ADVOCATE FOR R15


SRI. K.SRIHARI., ADVOCATE FOR R22 TO R28,


R30 TO R33, R35, R37 & R38


SRI. RAVI JAGAN, ADVOCATE FOR R29


SRI. NARENDRA PATAGAR., ADVOCATE FOR R36


V/O/D.01.10.2024, NOTICE TO R2 TO R4 IS H/S


R19 TO R21, R34 SERVED - UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R1 AND QUASH THE ORDER DATED 22/02/2024 PASSED IN S.C.S.T. APPEAL NO.24/2006-07 C/W S.C.S.T. APPEAL NO.25/2006-07, BY THE R1-DEPUTY COMMISSIONER, BENGALURU DISTRICT, AT ANNEXURE-N, AND CONFIRM THE ORDER DATED 22/05/2006 PASSED IN S.C.S.T. NO. 20/2005-06, BY THE R21-ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU, AT ANNEXURE –J AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 21.04.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE R DEVDAS

CAV ORDER

(PER: HON'BLE MR JUSTICE R DEVDAS)

The petitioner being a legal heir of the original grantee late Sri H.Muniyappa, is before this Court assailing the impugned order dated 22.02.2024 at Annexure ‘N’ passed by the respondent-Deputy Commissioner, Bengaluru Urban District, while seeking confirmation of the order dated 22.05.2006 passed by the Assistant Commissioner, Bengaluru North Sub-Division at Annexure ‘J’.

2. Facts, in a nutshell are that 3 acres 11 guntas including 10 guntas of kharab land in Old Sy. No.109 new Sy. No.122 of Singapura Village, Yelahanka Hobli, Bengaluru North Taluk, were granted, free of cost, in favour of Sri H.Muniyappa, the father of the petitioner, on 17.10.1977. Grant Certificate/Saguvali Chit was issued on 23.12.1977. It is the contention of the contesting respondents that the Tahsildar, Bengaluru North (Additional) Taluk, issued a No Objection Certificate on 04.10.2001 permitting Sri H. Muniyappa to transfer the granted lands. Accordingly, Sri H.Muniyappa along with his wife and children executed a registered General Power of Attorney in the office of the Sub Registrar, Bangalore North Taluk on 04.10.2001. Under the GPA, the Attorney was permitted to sell, lease, gift, mortgage or create any encumbrance on the schedule property. The petitioner contends that Sri H.Muniyappa died on 22.11.2002, immediately after the death of his son Sri Gangaraju, who died on 18.11.2002. Nevertheless, respondent No.19, in whose favour the GPA was executed, proceeded to execute a sale deed dated 31.12.2004 in favour of her husband, respondent No.20, on the strength of the said GPA. Respondent No.20 sold 2 acres 10 guntas in favour of one Anjanappa S/o late Chikkavenkatappa (husband of respondent No.2) under registered sale deed dated 31.12.2004.

3. No sooner the petitioner’s mother came to know of the execution of the sale deeds, she filed a petition invoking Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘the PTCL Act’ for short) in proceedings bearing No.K.SC.ST 20/2005-06, seeking cancellation of both the sale deeds. The Assistant Commissioner, having heard respondents No.19, 20 and husband of respondent No.2 herein, proceeded to allow the petition, on the ground that the sale deeds were executed without obtaining prior permission of the Government under Section 4(2) of the PTCL Act. Being aggrieved, respondents No.19 and 20 filed an appeal before the Deputy Commissioner in proceedings bearing No.SC.ST(A) 24/2006-07 and the husband of respondent No.2 filed appeal No.25/2006-07. The other legal heirs of the original grantee late Sri H.Muniyappa, filed impleading applications before the Deputy Commissioner and they were impleaded as respondents No.8 to 19. The Deputy Commissioner accepted the contention of the purchasers/appellants therein that the Tahsildar had issued NOC in terms of the Circular issued by the Government on 02.08.1999 and concluded that the Tahsildar had rightly issued the NOC, since the period of non-alienation had exhausted. Accordingly, the Deputy Commissioner allowed the appeals while setting aside the orders passed by the Assistant Commissioner. Feeling aggrieved, the petitioner, one of the legal heirs of the original grantee is before thi

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