- 1 - NC: 2025:KHC:14024-DB W.A. No.916/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO.916/2024 (SC-ST) BETWEEN: 1. SRI. KESHAVAMURTHY SON OF B.H. ANJANAPPA AGED ABOUT 45 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. 2. SRI. B.H. ANJANAPPA SON OF MUNIYAPPA AGED ABOUT 78 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. …APPELLANTS (BY SRI. B.G. FAYAZ SAB, ADV.,) AND: 1. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU-560009. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU-560009. 3. SRI. RATHNAKAR SON OF JAYARAM REDDY AGED ABOUT 58 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - NC: 2025:KHC:14024-DB W.A. No.916/2024 4. SRI. B.R. VENKATESH SON OF DHOBI RAMAIAH AGED ABOUT 54 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. 5. SRI. B.R. SAMPANGI RAMAIAH SON OF DHOBI RAMAIAH AGED ABOUT 68 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. 6. SRI. B.R. GOPALA KRISHNA SON OF DHOBI RAMAIAH AGED ABOUT 66 YEARS RESIDING AT BALAGERE VILLAGE PANATHUR POST, VARTHUR HOBLI BENGALURU-560087. …RESPONDENTS (BY SRI. K.S. HARISH G.A. ADV., FOR R1 & R2) - - - THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE APPELLANT AND PLEASED TO PASS TO SET-ASIDE, THE IMPUGNED FINAL ORDER 08/06/2018 PASSED IN WP NO.45013/2011 (SC/ST) PASSED BY THE LEARNED SINGLE JUDGE. GRANT ANY SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:14024-DB W.A. No.916/2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate for the appellants-applicants and learned Government Advocate Mr. K. S. Harish who appeared upon service of copy of the appeal as well as delay condonation application in advance. 2. While dealing with the question of grant or otherwise, the prayer to condone the delay of 1457 days which has occurred in preferring the present appeal, the papers contain the impugned judgment and order of learned Single Judge and the Court had a benefit to look into the merits of the impugned order itself. By the impugned order, the petition came to be dismissed. 3. The prayer was made by the petitioners seeking to set aside the orders dated 27.09.1985 and 10.10.2011 passed by the Assistant Commissioner and the Deputy Commissioner, whereby the prayer of the petitioners to restore the land bearing Sy.No.57/12 situated at Balagere Village, Varthur Hobli, Bangalore South under the - 4 - NC: 2025:KHC:14024-DB W.A. No.916/2024 provisions of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred as ‘the Act’) was rejected. 4. The ground on which learned Single Judge upheld the orders of the competent authorities to dismiss the petition was that the petitioners who were heirs of the original grantee had approached the Authorities with a plea of breach of the provisions of the Act and for consequential restoration of the land to them, after a gap of 25 years. It was not in dispute that the sale deed was effected in favour of the purchaser in the year 1960 and the proceedings for restoration by the petitioners were initiated after a delay of more than 25 years in the year 1984-85. The petitioners were never vigilant or diligent, observed learned Single Judge while dismissing the petition on the said ground of inordinate delay in approaching the Authority under the Act. 5. The issue is covered by the decision of this Court in Smt. M. Manjula and others Vs. The Deputy - 5 - NC: 2025:KHC:14024-DB W.A. No.916/2024 Commissioner, Bangalore and others, which was Writ Appeal No.210 of 2023, decided on 25.11.2024. The relevant discussion from the said decision in Smt. M. Manjula, supra, is extracted hereinbelow to be part of this Court and to be extracted for this Court, "3.3 While setting aside the order of the Assistant Commissioner, the aspect weighed with the Deputy Commissioner was that the land was alienated and transferred in favour of the appellants-Balaji and others, as the respondents herein, in the year 1995 and that the appellant- petitioner sought restoration thereof in the year 2007-2008 after lapse of about more than 11 years which was not a reasonable period, but amounted to inordinate delay. 4. The legal provisions and development of law in the subject deserve to be noticed. While ‘granted land’ is defined in Section 3(b) of the Act, Section 4 of the Act deals with the prohibition of transfer of granted lands, to provide that notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or commencement of the Act, in terms of the contravention of the grant or in contravention of the law in that regard or in breach of sub-Section (2) of Section 4, such transfer shall be treated as null and void, not to give any right, title or interest in favour of the person to whom the land is transferred. 4.1 As per sub-Section (2), no person shall after commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. Under sub-Section (3), the provisions in sub-Sections (1) and (2) are - 6 - NC: 2025:KHC:14024-DB W.A. No.916/2024 made applicable to the sale of any land in execution of any decree or award, etc., of the Court. Section 5 of the Act deals with the resumption and restitution of granted lands. 4.2 Section 5 as it stood originally, reads as under, "5. Resumption and restitution of granted lands- (1) Where, on application by any interested person or on information given in writing by any person or suo-motu, and after such enquiry as he deems necessary, the Assistant Commissioner is satisfied that the transfer of any granted land is null and void under Sub-section (1) of Section 4, he may,- (a) by order take possession of such land after evicting all persons in possession thereof in such manner as may be prescribed: Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard; (b) restore such land to the original grantee or his legal heir. Where it is not reasonably practicable to restore the land to such grantee or legal heir; such land shall be deemed to have vested in the Government free form all encumbrances. The Government may grant such land to a person belonging to any of the Scheduled Castes or Scheduled Tribes in accordance - 7 - NC: 2025:KHC:14024-DB W.A. No.916/2024 with the rules relating to grant of land. (1-A) After an enquiry referred to in Sub- section (1) the Assistant Commissioner may, if he is satisfied that transfer of any granted land is not null and void pass an order accordingly. (2) Subject to the orders of the Deputy Commissioner under Section 5-А, any order passed under sub-sections (1) and (1-A) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Assistant Commissioner in pursuance of any power conferred by or under this Act. (3) For the purposes of this Section, where any granted land is in the possession of a person, other then the original grantee or his legal heir, it shall be presumed, until the contrary is proved, that such person has acquired the land by a transfer which is null and void under the provisions of sub-section (1) of Section 4." 4.3 It would be noticed from the aforesaid provision that there is no prescription of time limit for resumption or restitution of the land which is null and void under Section 4(1) of the Act. However, various judicial decisions, prominent amongst is Nekkanti Rama Lakshmi vs. State of Karnataka [(2020) 14 SCC 232], which was in the very context of Sections 4 and 5 of the Act. It was held therein that the application made for restitution of the land after delay of 25 years, was not liable to be acceptable in law, as it was after - 8 - NC: 2025:KHC:14024-DB W.A. No.916/2024 unreasonable delay. It was held that there was no annulment of transfer could be allowed. 4.3.1 It was observed and held in Nekkanti Rama Lakshmi (supra), “However, the question that arises is with regard to terms of Section 5 of the Act which enables any interested person to make an application for having the transfer annulled as void under Section 4 of the Act. This section does not prescribe any period within which such an application can be made. Neither does it prescribe the period within which suo motu action may be taken. This Court in Chhedi Lal Yadav & Ors. vs. Hari Kishore Yadav & Ors., [2017 (6) Scale 459] and also in the case of Ningappa vs. Deputy Commissioner & Ors. [C.A. No. 3131 of 2007, decided on 14.07.2011] reiterated a settled position in law that whether statute provided for a period of limitation, provisions of the statute must be invoked within a reasonable time. It is held that action whether on an application of the parties, or suo motu, must be taken within a reasonable time.’’ (para 8) 4.3.2 It was further stated, “An application for restoration was made after 24 years and was allowed. It is in that background that this Court upheld that it was unreasonable to do so. We have no hesitation in upholding that the present application for restoration of land made by respondent Rajappa was made after an unreasonably long period and was liable to be dismissed on that ground. - 9 - NC: 2025:KHC:14024-DB W.A. No.916/2024 Accordingly, the judgments of the Karnataka High Court, namely, R. Rudrappa vs. Deputy Commissioner, 2000 (1) Karnataka Law Journal, 303 and G. Maregouda vs. The Deputy Commissioner, Chitradurga District, Chitradurga and Ors, 2000(2) Kr. L.J.Sh. N.4B holding that there is no limitation provided by Section 5 of the Act and, therefore, an application can be made at any time, are overruled. ……” 4.4 While the aforesaid law that relief of setting aside of transfer could not be granted after unreasonably long period and the applications made under Section 5 for restitution or resumption of the land by a person could not be acted upon in favour of such person on the ground of delay, the legislature intervened to proceed to amend Section 5 by virtue Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 2023, notified in the Gazette Notification dated 27nd July 2023. Thereby sub-clauses (c) and (d) were inserted, namely, “(c) Notwithstanding anything contained in any law, there shall be no limitation of time to invoke the provisions of this Act. (d) The provisions of clause (c) shall apply to all cases pending before all the competent authorities and all Courts of Law adjudicating the cases under this section.” 4.5 It was stated at the bar that the validity of the aforesaid amendment is challenged in Writ Petition No.27496 of 2023 which is pending before the learned Single Judge of this Court. This - 10 - NC: 2025:KHC:14024-DB W.A. No.916/2024 judgment does not travel anything on merit of the said validity proceedings. 4.6 However, the aspects which emerged in light of the law laid down in Nekkanti Rama Lakshmi (supra), vis-à-vis the amendment in Section 5 and the situation obtained, came to be dealt with by the coordinate bench of this Court at Dharwad in Smt. Gouramma alias Gangamma vs. Deputy Commissioner, Haveri, which was Writ Appeal No.100101 of 2024 decided on 29th July 2024. 4.6.1 After noticing the amendment in Section 5, the division bench observed thus, in para 3(d), "The Amendment Act that is made applicable with retrospective effect is only a duplication of the existing legal position. Such duplication happened even in English legislative history, hardly needs to be mentioned. The question of delay is a matter of limitation which this statute is silent about. Clauses (c) and (d), now introduced to Section 5(1) of the Act, do not bring any change in the statutory scheme. At the most, they are declaratory of what the statute has been all through, so far as the limitation period is concerned. Nobody disputes that there was no limitation period earlier and there is no limitation period now too. Laches, which would involve a host of factors, pertains to the Domain of Equity." 4.6.2 It was observed that in Nekkanti Rama Lakshmi (supra), did not speak of limitation period, but focused on the long lapse of time in making the application for restitution of the land, by quoting paragraph 8 above from the said - 11 - NC: 2025:KHC:14024-DB W.A. No.916/2024 decision, the division bench then held as per para 3(f), "It may be true, that the legislative debates might have taken place about the observations of the Apex Court in Nekkanti and other such cases while passing the Amendment Bill. That per se does not lend credence to the contention that the said amendment intends to invalidate the law declared by the highest court of the country which it did after considering all aspects of the matter including the sense of equity & justice. If the Legislature intended to silence the voice of Nekkanti, it would have employed a different terminology. We repeat that, ordinarily, delay is decided by computing the period of limitation prescribed by law, whereas "laches" is decided keeping in view a host of factors. Cases are repleat in Law Reports relating to delay and laches in writ jurisdiction under Articles 12, 226 & 227 of the Constitution of India. This is only to illustrate." 4.7 From the decision of the Supreme Court in Union of India vs. N. Murugesan [(2022) 2 SCC 25], the division bench highlighted the nice distinction between ‘delay and laches’, as against ‘limitation’. It was observed that the ‘limitation’ is a prescription of time for taking an action as contemplated by the legislature, whereas the concept of ‘delay and laches’ has a different connotation to operate. 4.8 The coordinate bench of this Court in Smt. Gouramma (supra), proceeded on the above reasoning to clarify that the issues were examined without touching the aspects of validity of amendment which is pending adjudication. It was - 12 - NC: 2025:KHC:14024-DB W.A. No.916/2024 held in Smt. Gouramma (supra) that on the ground of laches, the court would be justified in denying the relief of setting aside the transfer and restoring the land to the applicant when he has approached the court after unreasonable delay and his approaching the court is marred by laches. 5. The Supreme Court in N. Murugesan (supra), explained the word ‘laches’ thus, "The word "laches" is derived from the French language meaning “remissness and slackness". It thus involves unreasonable delay or negligence in pursuing a claim involving an equitable relief while causing prejudice to the other party. It is neglect on the part of a party to do an act which law requires while asserting a right, and therefore, must stand in the way of the party getting relief or remedy." (para 21) 5.1 The Supreme Court proceeded to observe that the remedy for which the party knocks the doors of the Court may not be provided to him on equitable grounds when such party is guilty of indolence and his action suffers from laches, "Two essential factors to be seen are the length of the delay and the nature of acts done during the interval. As stated, it would also involve acquiescence on the part of the party approaching the court apart from the change in position in the interregnum. Therefore, it would be unjustifiable for a Court of Equity to confer a remedy on a party who knocks its doors when his acts would indicate a waiver of such a right. By his conduct, he has put the other party in a particular - 13 - NC: 2025:KHC:14024-DB W.A. No.916/2024 position, and therefore, it would be unreasonable to facilitate a challenge before the court. Thus, a man responsible for his conduct on equity is not expected to be allowed to avail a remedy." (Para 22) 5.2 Though the principles governing overlap, the delay and laches has the facet in equity. Delay is the genus to which the laches and acquiescence are species. The jurisprudential concepts of delay, laches and acquiescence have their own colour and connotation and conceptually often different from crossing the period of limitation prescribed in the statutory provision. Limitation binds the litigant in terms of initiating a legal action or filing any proceedings. Laches concedes an element of culpability in allowing time to pass by in commencing the action in law." 4.1 In the said case, the delay was of 12 years which was held to be highly unreasonable and not entitled the petitioners-appellants for restoration of land. Similar preposition of law was laid down in Smt. Gouramma alias Gangamma Vs. Deputy Commissioner, Haveri, which was Writ Appeal No.100101 of 2024 decided on 29.07.2024. In view that the issue is no longer res integra, the Court does not see any good reason to condone the delay which is again a long delay of 1457 days. - 14 - NC: 2025:KHC:14024-DB W.A. No.916/2024 5. Accordingly, the delay condonation application as well as the writ appeal both are dismissed. In view of dismissal of the appeal, the interlocutory application, as may be pending, would not survive and it stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE RV List No.: 1 Sl No.: 13