Smt Kamalama Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt Kamalama Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:147 WP No. 34598 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.34598 OF 2024 (SC ST)

BETWEEN:

SMT. KAMALAMA, AGED ABOUT 64 YEARS, W/O LATE SRI. R. NARAYANA, R/O TEGUR VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101.

… PETITIONER

(BY SRI. B.S. SACHIN, SADVOCATE)

AND:

THE STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA

THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101.

THE ASST. COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101.

THE TAHSILDAR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU - 577 101.

SMT. VANAJAKSHI, AGED ABOUT 36 YEARS, W/O LATE SRI. RAMESH D/O LATE R. NARAYANA,

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R/O TEGUR VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 102.

SRI. ESHWARA, AGED ABOUT 34 YEARS, S/O LATE R. NARAYANA, OCC: WATERMAN, PUMP HOUSE, R/O. MUGULAVALLI VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101.

SMT. PUTTAMMA, AGED ABOUT 32 YEARS, W/O SRI. BASAVARAJU, D/O LATE R. NARAYANA, R/O. BASAGODU, BOMBAIL, MALLANDUR POST, CHIKKAMAGALURU TALUK AND DISTRICT - 577 130.

SMT. KUMARI, AGED ABOUT 28 YEARS, W/O SRI. NAVEEN, D/O LATE R. NARAYANA, R/O TEGUR VILLAGE, KASABA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 102.

SRI. M.C. NAGENDRA PRASAD, AGED ABOUT 58 YEARS, S/O. SRI. M. C. CHIKKAURS, AGRICULTURIST, R/O SANTHEMARURU, DODDAMAGGE HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT - 573 142.

… RESPONDENTS

(BY SRI SIDHARTH BABURAO, AGA FOR R1 TO R4)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASH THE IMPUGNED ORDER DATED 19.10.2022, IN NO.KAM.E 29 LGU 2020, PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A AND THE ORDER/ENDORSEMENT DATED 22.11.2022, IN PTCL CR. 04/201617, PASSED BY THE RESPONDENT NO.4 AS PER ANNEXURE-B AND ETC.,

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NC: 2025:KHC:147 WP No. 34598 of 2024

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner is seeking for following prayer:

a) Quash the impugned order dated 19.10.2022, in No . PÀAE 29 J¯ï f AiÀÄÄ 2020, passed by the Respondent No.1 as per ANNEXURE-A & the order/endorsement dated 22.11.2022, in PTCL CR. 04/2016-17, passed by the Respondent No.4 as per ANNEXURE-B.

b) Quash the impugned order dated 11.09.2024, in PTCL No.5 of 2024, passed by the Respondent No.3 as per ANNEXURE-C and consequently allow the application filed by the petitioner U/Sec 4 & 5 of PTCL Act as prayed for.

Heard.

Learned Additional Government Advocate

submits that there is an alternative efficacious remedy provided under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

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NC: 2025:KHC:147 WP No. 34598 of 2024

The said submission is taken on record.

In light of the alternative efficacious remedy

available to the petitioner, the petition stands disposed of granting liberty to approach the appropriate forum in accordance with law.

Sd/-

(JUSTICE K.S. HEMALEKHA)

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