Karnataka High Court
Ajam Khan vs State Of Karnataka on 9 September, 2025
Author: R Devdas
Bench: R Devdas
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NC: 2025:KHC:35317
WP No. 27306 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 27306 OF 2025 (SCST)
BETWEEN:
AJAM KHAN
S/O LATE KARIM KHAN,
AGED ABOUT 53 YEARS,
R/AT: NO.210, VASTHADA ICON,
H.B.R LAYOUT, 2ND BLOCK, 1ST STAGE,
KACHARAKANAHALLI, BENGALURU - 560 084
...PETITIONER
(BY SRI. VIGNESHWAR S. SHASTRI, SR. COUNSEL FOR
SRI. SAGAR V. SHASTRI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
Digitally signed
by SWAPNA V M.S. BUILDING, AMBEDKAR
Location: High VEEDI, BANGALORE - 560 001.
Court of REPRESENTED BY ITS SECRETARY.
Karnataka
2. DEPUTY COMMISSIONER,
KOLAR DISTRICT, KOLAR - 563103.
3. ASSISTANT COMMISSIONER
KOLAR DISTRICT, KOLAR 563103.
4. SRI NALLAMOTTU SRINIVAS RAO,
S/O VENKATESWARA RAO,
AGED MAJOR, R/AT NO. 6-102,
JAGGIAHPETE, ANDRA PRADESH - 521175.
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NC: 2025:KHC:35317
WP No. 27306 of 2025
HC-KAR
5. M. SRIRAM
S/O MUNIVENKATAPPA,
AGED MAJOR, R/AT: AGNIHALLI
VILLAGE, KASABA HOBLI,
BANGARPET TALUK, KOLAR - 563 104.
...RESPONDENTS
(BY SRI. ARUNA G.S., HCGP FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
RESPONDENT NO.2 TO CONSIDER THE APPLICATION FOR
STAY, AS PER ANNEXURE D FILED BY THE PETITIONER IN PTCL
NO. 115/2025 PENDING ON THE FILE OF RESPONDENT NO.2
AND ETC.,
THIS WP, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned High Court Government Pleader takes notice for respondents No.1 to 3.
Notice to respondents No.4 and 5 is not necessary for the following reasons.
2. Learned Senior counsel appearing for the petitioner submits that although the petitioner purchased the lands in -3- NC: 2025:KHC:35317 WP No. 27306 of 2025 HC-KAR question in the year 2013, nevertheless application under Section 5 of the Karnataka SC/ST (PTCL) Act,1978 was filed by respondent No.5 herein in the year 2024 before the Assistant Commissioner and the Assistant Commissioner passed an order on 11.06.2025 which the petitioner was not aware of. The petitioner has filed an appeal before the Deputy Commissioner on 18.08.2025 along with an application for stay of the orders passed by the Assistant Commissioner. However, the Deputy Commissioner has not passed any order on the interim application filed by the petitioner and has only issued notice to the respondents.
3. In the normal circumstances as narrated herein above, it is the bounden duty of the Deputy Commissioner to have considered passing an order of stay having regard to the grievance made out by the petitioner.
4. In that view of the matter, the writ petition stands disposed of staying the orders passed by the Assistant Commissioner, till the appearance of respondents No.4 and 5 before the Deputy Commissioner. The Deputy Commissioner shall consider the interim application filed by the petitioner for -4- NC: 2025:KHC:35317 WP No. 27306 of 2025 HC-KAR stay after the appearance of respondents No.4 and 5 and pass necessary orders, in accordance with law.
Sd/-
(R DEVDAS) JUDGE MKM CT:VS List No.: 1 Sl No.: 20