Writ petition challenging the insertion of clauses (c) and (d) to Section 5(1) of a 2023 Karnataka amendment Act was called for orders; no representation appeared for the petitioner and office objections were not complied with.
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NC: 2026:KHC:12093 WP No. 25482 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25482 OF 2025 (SC/ST)
BETWEEN:
VAIKUNTAM APARTMENT OWNERS ASSOCIATION (REG.) REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REPRESENTED BY ITS SECRETARY -JITENDRA PRASAD, AGED ABOUT 53 YEARS, S/O CHANDRA DEO RAM, OFFICE AT VAIKUNTAM APARTMENTS, 3RD CROSS, VAIKUNTAM LAYOUT, KUNDALAHALLI GATE, BANGALORE - 560 037.
…PETITIONER
Digitally signed by SHARADAVANI B
Location: HIGH COURT OF KARNATAKA
(BY SRI. SAMPAT ANAND SHETTY, ADVOCATE - ABSENT)
AND:
HC-KAR
DC OFFICE, K G ROAD BENGALURU 560 009.
BANGALORE EAST TALUK, TAHASILDAR OFFICE, K G ROAD, BENGALURU 560 009.
AGED ABOUT 45 YEARS, S/O LATE CHINNAMMA, RESIDING AT MARNAGERE VILLAGE, CHIKKATHIRUPATHI POST, ANUGUNDANAHALLI, HOSAKOTE TALUK - 560 067, BANGALORE RURAL DISTRICT.
…RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4)
NC: 2026:KHC:12093 WP No. 25482 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF DECLARATION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE EFFECT THAT THE INSERTION OF CLAUSES (C) AND (D) TO SUB-SECTION (1) OF SECTION 5 OF THE KARNATAKA ACT 30 OF 2023 1.E., KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) (AMENDMENT) OF AND ACT, 2023 VIDE ANNEXURE A IS VIOLATION OF AND ULTRAVIRES OF ARTICLES 14, 16, 21 AND 300A OF THE CONSTITUTION OF INDIA AND CONSEQUENTLY STRIKE DOWN THE SAME AS UNCONSTITUTIONAL AND OVERREACHING THE SETTLED PROPOSITION OF LAW LAID DOWN BY THIS HONBLE COURT AS WELL AS THE APEX COURT IN THE CASE OF NEKKANTI RAMALAKSHMI V/S STATE OF KARNATAKA AND OTHERS REPORTED IN 2018(1) KLJ 5 (SC) VIDE ANNEXURE-F AND OTHER INNUMERABLE DECIDED CASES.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
On 12.02.2026, the following order was passed:
"Finally, two weeks time is granted to the petitioner for compliance of office objections, failing which, list this matter on 26.02.2026 for dismissal."
for the petitioner.
HC-KAR
dismissed for non-compliance of office objections.
Sd/(R DEVDAS) JUDGE
SSD List No.: 2 Sl No.: 13
2 provisions across 2 enactments
Vaikuntam Apartment Owners Association (Reg.) represented by its Secretary Jitendra Prasad
Assistant Commissioner Bangalore North Sub-Division
Deputy Commissioner Bangalore Urban District
Tahasildar Bangalore East Taluk
State of Karnataka represented by its Secretary, Department of Revenue
Rajappa
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
