- 1 - NC: 2025:KHC:5375 WP No. 11951 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11951 OF 2023 (SCST) BETWEEN: 1. SRI Y S KRISHNE GOWDA S/O Y.A. SHANKARAPPA AGED 68 YEARS R/AT NO. VENKATALA NEAR MARUTHI TEMPLE, BENGALURU - 560034 REPTD BY HIS GPA HOLDER SMT. ROOPAMMA W/O LATE DYAVAPPA, AGED 43 YEARS R/AT DODDAKIRUGUMBE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562101 …PETITIONER (BY SRI. RAVIKUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPTS BY UNDER SECRETARY REVENUE DEPARTMENT M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE – 560001 2. DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562101 3. ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA – 562101 4. TAHSILDAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5375 WP No. 11951 of 2023 CHIKKABALLAPURA TALUK CHIKKABALLAPURA – 562101 5. SMT. GURAMMA W/O KADHIRAPPA ALIAS DYAL KADHIRAPPA AGED 65 YEARS R/AT DODDAKIRUGUMBE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562101 R-5 IS DELETED VIDE ORDER DATED:18.07.2023 6. SRI. NARASIMHAIAH W/O KADHIRAPPA ALIAS DYAL KADHIRAPPA AGED 60 YEARS R/AT DODDAKIRUGUMBE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK – 562101 7. SMT. MUNILAKSHAMMA W/O LATE PILLAPPA AGED 80 YEARS R/AT DODDAKIRUGUMBE VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562101 …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1 TO 4; R-5 IS DELETED VIDE ORDER DATED:18.07.2023; SRI.CHOKKAREDDY., ADVOCATE FOR R-7; R-6 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH ANNEXURE-A, ORDER PASSED BY THE R2 IN RA.SC/ST/46/2013-14, DATED 19.06.2017, BY DISMISSING THE APPEAL AND ANNEXURE-B - ORDER PASSED BY THE R3 IN PTCL(CHI) 137/2006-07, DATED 30.3.2012 BY ALLOWING THE PETITION IN RESPECT OF SY.NO.51/P5 MEASURING 1 ACRES 36 GUNTAS, SITUATED AT DODDAKURGUMBE VILLAGE, NADI HOBLLI, CHIKKABALLAPURA TALUK, BY ALLOWING THE WRIT PETITION AS PER THE STATEMENT OF LAW MADE BY THE - 3 - NC: 2025:KHC:5375 WP No. 11951 of 2023 SUPREME COURT IN CIVIL APPEAL 1390/2009, DTD 26.10.2017 - NIKANTHI RAMALAKSHMI VS STATE OF KARNATAKA AS ANNEXURE-H, ETC. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is by the purchaser. 2. The land in question was granted in the year 1950 and a saguvali chit was issued on 05.09.1950. 3. The prescribed period of non-alienation was 20 years. However, after the Act came into force, the grantee sold the property on 12.09.1984 to the 7th respondent and the 7th respondent thereafter sold the property to the present petitioner on 28.11.2006. 4. Thereafter in the year 2007, the legal representatives the original grantee have initiated proceedings for resumption and this has been accepted by the Assistant Commissioner and confirmed by the Deputy - 4 - NC: 2025:KHC:5375 WP No. 11951 of 2023 Commissioner. As a consequence, the petitioner is before this Court. 5. A Division Bench of this Court in Smt.M.Manjula’s case1, while considering a case in relation to an alienation made after the Act came into force has come to the conclusion that the application for resumption would have to be made within a reasonable period and it is also stated that any application made beyond 12 years would be unreasonable and the principle of latches would come into operation. 6. In this case, the land was granted in the year 1950, the first alienation was made in the year 1984 and the application for resumption was made after nearly 22 years thereafter in the year 2006. Therefore, the ratio laid down by the Division Bench in Smt.M.Manjula’s case, in W.A.No.210/2023 will squarely apply. 1 Smt.M.Manjula Vs. The Deputy Commissioner and Others – 2024:KHC:51015-DB - 5 - NC: 2025:KHC:5375 WP No. 11951 of 2023 7. Consequently, the impugned proceedings are quashed and this writ petition is allowed. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 0