RAVINDRA A P vs DISTRICT COMMISSIONER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 24215 OF 2025 (SC/ST)
BETWEEN:
RAVINDRA A.P.,
S/O LATE PUTTEGOWDA
AGED ABOUT 65 YEARS,
R/AT VYKUNTAPURA,
KASABA HOBLI,
SRINGERI TALUK,
CHIKKAMAGALURU DISTRICT-577139
…PETITIONER
(BY SRI. RAVIKUMAR G.H., ADVOCATE)
AND:
1. DISTRICT COMMISSIONER,
CHIKKAMAGALURU DISTRICT,
CHIKKAMAGALURU-577101.
2. ASSISTANT COMMISSIONER,
CHIKKAMAGALURU SUB-DIVISION,
CHIKKAMAGALURU-577101.
3. THASILDAR
SRINGERI TALUK
SRINGERI-577139
4. SIDDA
S/O LATE OBAIAH
AGED ABOUT 55 YEARS
R/AT VYKUNTAPURA, MENASE POST,
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
KASABA HOBLI, SRINGERI TALUK,
CHIKKAMAGALURU DISTRICT - 577139.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. D.C.JAGADEESH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Ravikumar.G.H., counsel for the petitioner,
Smt.Savithramma., Additional Government Advocate for
respondent Nos.1 to 3 and Sri.D.C.Jagadeesh., counsel for
respondent No.4 appeared in person.
Counsel for the petitioner submits that the petitioner
is not pressing prayer No.iv.
The oral submission regarding non pressing of prayer
No.iv is placed on record.
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
In PTCL writ petitions, the orders passed by the
Assistant Commissioner and the Deputy Commissioner are
ordinarily challenged before this Court. The Court has
frequently observed discrepancies in the names of the
original grantees, the dates of grant and alienation, and
the survey numbers mentioned in the impugned orders.
Accordingly, for the sake of convenience and to avoid
unnecessary repetition, the parties are referred to as the
“original grantee”, and the relevant years of grant and
alienation are used instead of reproducing the names,
dates, and survey numbers in each case.
2. The petition is filed seeking the following
reliefs:
"i) Issue writ of certiorari quashing the impugned
order in P.T.C.L.13/2024 dated 24.07.2025
passed by the Respondent No.1 as per
Annexure-A and all the further proceedings
thereto in the interest of justice and equity.,
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
ii) Issue writ of certiorari quashing the impugned
order bearing No.PTCL: 7/2023 dated 3/7/2024
passed by the Respondent No.2 as per
Annexure-B.
iii) Issue any other writ or order or direction that
deems fit to grants in the circumstances of the
case in the interest of justice and equity.
iv) Issue any writ of certiorari or mandamus or
other writ or order or direction declaring The
Karnataka Scheduled Castes and Scheduled
Tribes (Prohibition of Transfer of Certain Lands)
(Amendment) Act, 2023, as illegal and
unconstitutional in the interest of justice and
equity."
3. Counsel for the respective parties advanced
several contentions.
Counsel for respondent No.4 submits that the subject
land is not an agricultural land and it is the residential
sites. Hence, the provisions of the PTCL Act is not
applicable to the subject land.
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
AGA submits that the appropriate orders may be
passed.
4. The Court heard the arguments and carefully
perused the papers.
5. The issue is confined to the resumption
proceedings. The subject land was granted during 1985–
86. It appears that the grantee executed a Will in favor of
the petitioner in 1994, and, as evident from the order of
the Assistant Commissioner, the grantee/testator passed
away on 10.11.1994. However, the resumption
proceedings were initiated only in 2023, after an
unexplained delay of nearly 29 years. Without duly
considering the relevant facts and circumstances, the
Assistant Commissioner allowed the claim and ordered
resumption of the land in favor of the grantee's family. In
appeal, the Deputy Commissioner set aside the order of
the Assistant Commissioner and, instead, directed
resumption of the land in favor of the Government.
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
Having regard to the submissions made by the
counsel appearing for respondent No.4, particularly that
the subject land was not agricultural land but had already
been converted, and further considering the inordinate
delay of nearly 29 years in initiating the resumption
proceedings, the orders passed by the Assistant
Commissioner and the Deputy Commissioner cannot be
sustained in law and are therefore untenable.
The Three-Judge Bench in W.P.No.60483/2014
clarified that when land is diverted or converted, it no
longer qualifies as 'granted land’ under the PTCL Act. They
also held that the permission under Section 4(2) of the Act
is not required for diverted land, since such permission is
only necessary for 'granted land'. Once land is converted,
it ceases to be considered 'granted land'. The provisions of
the PTCL Act are not applicable to the facts and
circumstances of the present case.
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
In the facts and circumstances of the case, this Court
is of the considered view that the orders passed by the
Assistant Commissioner and the Deputy Commissioner,
directing resumption of the subject land, cannot be legally
sustained. Accordingly, the impugned orders are liable to
be set aside.
6. For the foregoing reasons, the orders of the
Assistant Commissioner and the Deputy Commissioner are
liable to be set aside.
7. The writ of certiorari is ordered. The order
dated 03.07.2024 passed by the Assistant Commissioner
vide Annexure-B, and the order dated 24.07.2025 passed
by the Deputy Commissioner vide Annexure-A are
quashed.
allowed
8. Resultantly, the writ petition is .
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HC-KAR
NC: 2026:KHC:60838
WP No. 24215 of 2025
CNR: KAHC010531782025
On disposal of the Writ Petition, any interim order
stands discharged, and any pending interlocutory
applications, if any, are disposed of.
SD/-
(JYOTI M)
JUDGE
CH
List No.: 1 Sl No.: 35