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Karnataka High Court

Sri K Chikkanna vs The State Of Karnataka on 13 March, 2026

Author: R Devdas

Bench: R Devdas

                                               -1-
                                                            NC: 2026:KHC:15135
                                                        WP No. 7253 of 2026


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF MARCH, 2026

                                            BEFORE
                              THE HON'BLE MR. JUSTICE R DEVDAS
                            WRIT PETITION NO. 7253 OF 2026 (SCST-)
                   BETWEEN:

                   1.    SRI. K.CHIKKANNA
                         S/O LATE. KEMPACHOWDAPPA,
                         AGED ABOUT 72 YEARS,

                   2.    SRI.K. CHOWDAPPA,
                         S/O KEMPACHOWDAPPA,
                         AGED ABOUT 68 YEARS,
                         BOTH ARE RESIDING AT:
                         BADAKANAHALLY VILLAGE,
                         PURAVARA HOBLI, MADHUGIRI TALUK,
                         TUMKUR DISTRICT - 572 175.
                                                                ...PETITIONERS
                   (BY SRI. G.S.VENKAT SUBBARAO, ADVOCATE)

                   AND:
Digitally signed
by
SHARADAVANI        1.    THE STATE OF KARNATAKA
B
                         REPRESENTED BY ITS
Location: High
Court of                 PRINCIPAL SECRETARY,
Karnataka
                         DEPARTMENT OF REVENUE AND COMMERCE,
                         VIDHANA SOUDHA, BENGALURU - 560 001.

                   2.    THE DEPUTY COMMISSIONER,
                         TUMKUR DISTRICT, TUMKUR - 572 101.

                   3.    THE ASSISTANT COMMISSIONER,
                         MADHUGIRI SUB DIVISION,
                         MADHUGIRI TALUK - 572 132.
                            -2-
                                        NC: 2026:KHC:15135
                                   WP No. 7253 of 2026


HC-KAR




4.   NARASIMHAPPA,
     S/O LATE A.K. KADURAPPA,
     AGED ABOUT 61 YEARS,
     RESIDENT OF A.K. COLONY,
     BADAKANAHALLY VILLAGE,
     PURAVARA HOBLI, MADHUGIRI TALUK,
     TUMKUR DISTRICT - 572 175.

5.   SMT. LAKSHMINARASAMMA,
     D/O MADDLETAPPA,
     AGE MAJOR, R/O DHANAPURA,
     PARAGI MANDAL - 515 261
     HINDUPURA TALUK,
     ANANTHAPURA DISTRICT, ANDHRA PRADESH.

6.   SRI.S.L. LAKSHMINARASAIAH,
     S/O LATE NARASIMHAPPA,
     AGE MAJOR,

7.   SRI.N. PRAKASH,
     S/O LATE NARASIMHAPPA,
     AGE MAJOR,

     RESPONDENTS 6 AND 7 ARE
     R/O AKSHAYA NILAYA, WARD NO.33,
     GURUVADERAHALLY EXTENSION,
     INFRONT OF T.V.V. COLLEGE,
     MADHUGIRI TOWN - 572 132.
     TUMAKURU DISTRICT.
                                           ...RESPONDENTS
(BY SMT.B.P.RADHA, AGA FOR R1 TO R3;
    SRI.V.RAJAIAH, ADVOCATE FOR R4 AND R5, ADVOCATE)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF        MANDAMUS DIRECTING     THE 2ND
RESPONDENT - DEPUTY COMMISSIONER, TUMKUR DISTRICT,
TUMKUR TO CONSIDER THE APPEAL FILED BY THE
PETITIONERS UNDER SECTION 5A OF PTCL ACT, VIDE
REFERENCE AS PER THE ONLINE ACKNOWLEDGMENT ISSUED
VIDE ANNEXURE-G AND ETC.
                               -3-
                                            NC: 2026:KHC:15135
                                          WP No. 7253 of 2026


HC-KAR




    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS


                        ORAL ORDER

This is yet another case where the petitioner has approached this Court seeking a direction to the Deputy Commissioner to consider his interlocutory application/interim prayer for stay of the orders passed by the Assistant Commissioner under the provisions of the Karnataka Scheduled Caste/Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act, 1978. Earlier this Court had directed the Principal Secretary, Revenue Department, to issue a circular and direct the Deputy Commissioners in the State before whom appeals are filed questioning the orders passed by the Assistant Commissioner along with an application for stay of the orders passed by the Assistant Commissioner, to take up the interlocutory application and pass necessary orders of stay to enable consideration of the appeal.

2. However, this Court finds that the revenue entries are being mutated pursuant to the orders passed by the -4- NC: 2026:KHC:15135 WP No. 7253 of 2026 HC-KAR Assistant Commissioner and the grantees/legal heirs are seeking restoration of the lands, even before the appeal is considered. However, till date the circular has not been issued and as a consequence, this Court is flooded with these type of writ petitions where directions are being sought to the Deputy Commissioner to consider the application for stay.

3. Today the learned HCGP has furnished a copy of a communication dated 30.01.2026 made by the Additional Chief Secretary, Revenue Department to all the Deputy Commissioners in the State bringing to their notice the orders passed by this Court and it has been directed that the Deputy Commissioners in the States shall comply with the directions issued by this Court and pass orders on the applications for stay that would be filed along with the appeals in the matters arising out of the provisions of the Karnataka SC/ST PTCL Act, 1978.

4. Consequently, the writ petition stands disposed of with a direction to respondent No.2 Deputy Commissioner, Tumkur District to pass orders considering IA No.1/2026 filed -5- NC: 2026:KHC:15135 WP No. 7253 of 2026 HC-KAR by the petitioner along with the appeal filed on 16.01.2026 on the next date of hearing, if not already passed.

Sd/-

(R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 10