This is a writ petition challenging the jurisdiction of the Assistant Commissioner under the PTCL Act regarding land proceedings. The High Court held that determining if the land is 'granted' is a question of fact for the Assistant Commissioner and disposed of the petition as it was filed at a premature stage.
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.
NC: 2025:KHC:6761 WP No. 4288 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 4288 OF 2025 (SCST)
BETWEEN:
S/O LATE GANGAPPA, AGED ABOUT 69 YEARS, R/AT NO.473, 11TH BLOCK, 2ND STAGE, NAGARABHAVI, PAPIREDDY PALYA, BENGALURU NORTH - 560 072.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. PARASHURAM R. HATTARAKIHAL, ADVOCATE)
AND:
MADHUGIRI - 572 132, TUMAKURU DIST.
S/O LATE HANUMANTHAPPA M.R., AGED ABOUT 66 YEARS, R/AT 4TH BLOCK, 21ST WARD, DARGA ROAD, MADHUGIRI - 572 132, TUMAKURU DIST.
R5 TO R7 ARE RESIDING AT K.R. EXTENSION, 17TH WARD, MADHUGIRI - 572 132, TUMAKURU DIST.
AGED ABOUT 54 YEARS, R/O BHOVI AND HARIJANA COLONY, 4TH CROSS, MADHUGIRI - 572 132, TUMAKURU DIST.
…RESPONDENTS
(BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PETITION FILED BY THE R-3 TO 10 IN CASE NO.PTCL/SR/63/2023 BEFORE THE R-2 UNDER ANNX-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
NC: 2025:KHC:6761 WP No. 4288 of 2025
ORAL ORDER
1. The petitioners are seeking for the following
prayer:
learned AGA for the State.
(Prohibition of Transfer of Certain Lands) Act, 1978 ("PTCL Act" for short) on the ground that proceeding initiated before the Assistant Commissioner is one without jurisdiction as the land in question is "not the granted land" under the PTCL Act.
5. It is needless to observe that respondent No.2-
Assistant Commissioner to dispose of the proceedings as expeditiously as possible.
Sd/-
____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 17 / CT: BHK
1 issue framed by the court
Whether Section 5 proceedings initiated by the Assistant Commissioner can be quashed on the claim that the land is not a granted land.
2 provisions across 2 enactments
M.G. GANGADHAR
NAGARAJAIAH
STATE OF KARNATAKA
ASST. COMMISSIONER, MADHUGIRI SUB-DIVISION
M.H. KRISHNAMURTHY
NAGENDRA M.H.
K.S. HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
