Land granted in 1962 to a grantee whose community was included as Scheduled Caste only in 1979. The court held PTCL Act resumption proceedings lacked jurisdiction since grantee was not SC/ST at the time of grant, quashed the orders.
Orders dated 31.12.2004 (Assistant Commissioner) and 14.12.2010 (Deputy Commissioner) quashed; writ petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 46999 OF 2017 (SCST)
BETWEEN:
…PETITIONER
(BY SRI. T RAJARAM., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
R-4(b) AND 4(c) ARE THE LEGAL HEIRS
R-4(b) AND 4(c) ARE RESIDING AT UDIPETE MACHENAHALLI, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT.
…RESPONDENTS
(BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3; SRI. M.R.HIREMATHAD., ADVOCATE FOR R-4(b); SRI. S.J.KUMAR., ADVOCATE FOR R-4(c); VIDE ORDER DATED:08.08.2024 R-4(b & c) ARE TREATED AS LR’S OF DECEASED R-4(a))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED 31.12.2004 PASSED BY THE 3RD RESPONDENT ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION, CHIKKAMANGALUR, WHICH IS MARKED AS ANNEXURE-B AND ALSO THAT OF THE ORDER DATED 14.12.2010 PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER, CHIKKAMANGALUR DISTRICT, CHIKKAMAGALUR, WHICH IS MARKED AS ANNEXURE-C, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
Sd/(N S SANJAY GOWDA) JUDGE
HNM
List No.: 1 Sl No.: 57
1 issue framed by the court
Whether the PTCL Act applied where the grantee's community (Vaddaru) was not notified as a Scheduled Caste on the date of the 1962 land grant.
2 provisions across 2 enactments
Sri. M.V. Umashankar
The State of Karnataka rep by its Secretary, Revenue Department
The Deputy Commissioner, Chikkamagalur District
The Assistant Commissioner, Tarikere Sub Division
Gurappa (since deceased, represented by legal representatives Smt Subbamma, Sri Annayya and Smt Sharadamma)
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
