- 1 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1619 OF 2023 (SC-ST) BETWEEN: 1. SHRI GOPAL S/O LATE THIPPAYYA AND SMT. LAKSHMAMMA AGED ABOUT 53 YEARS R/AT PUTTAPPANA GUDI STREET DEVANAHALLI TOWN BENGALURU RURAL DISTRICT - 562 110. 2. (a) SHRI BABU S/O LATE THIPPAYYA AND SMT. LAKSHMAMMA BABU SINCE DEAD BY HIS LRS SMT CHAMUNDI W/O LATE T. BABU AGED ABOUT 37 YEARS (b) (c) MONICA B D/O LATE T. BABU AGED ABOUT 23 YEARS RAGHAVA B., S/O. LATE T. BABU AGED ABOUT 19 YEARS ALL ARE RESIDING AT NO. 23, PUTTAPPANA GUDI STREET BOVI COLONY, DEVANAHALLI TOWN Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 BANGALORE RURAL DISTRICT BANGALORE - 562 110. APPELLANT No.2 (a) TO (c) ARE REP. BY APPELLANT No.1 GOPAL AS PER THE SPA DATED 23.11.2023 …APPELLANTS (BY SRI. MOHANKUMARA D.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING, 5TH FLOOR M.S. AMBEDKAR ROAD BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT M.S. BUILDING, 5TH FLOOR M.S. AMBEDKAR ROAD BANGALORE - 562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION DODDABALLAPUR - 561 203. 4. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI - 562 110. 5. SMT. MARY LILY D/O LATE C.R. ARLAPPA AGED ABOUT 59 YEARS R/AT: No.15, CUNNINGHAM ROAD OPP. HOTEL MERIDEN BENGALURU - 560 052. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R1 TO 4 & SRI PRAKASH T. HEBBAR, ADVOCATE FOR R-5) - 3 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 26.07.2023 IN WRIT PETITION No.28555/2016 (SC-ST) MAY PLEASE TO ALLOWED. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 26.07.2023 passed by the learned Single Judge of this Court in W.P.No.28555/2016 (SC-ST). The appellants had filed the said writ petition impugning an order dated 26.04.2016 passed by the respondent No.2 (Deputy Commissioner, Bengaluru Rural District) challenging the order for resumption of land, in favour of the legal heirs of the original grantee. 2. The controversy relates to four acres of land located in old Survey No.44 (New Survey No.86) in Rayasandra Village, - 4 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 Devanahalli Taluk, Bangalore Rural District. The said land was granted to one Smt. Lakshmamma along with eight grantees on 28.04.1967. The appellants are the legal heirs of the grantee, namely Smt. Lakshmamma. She continued to be in possession of the land and sold the land pursuant to a registered sale deed executed on 28.02.1969 to one Sri. *C.R. Aralappa, who has also purchased the lands from other grantees. Since the sale was contrary to the terms of the grant, the Assistant Commissioner recommended cancellation of the grant in favour of the original grantee by an order dated 03.12.1977. Subsequently, on 23.10.1978, the Government of Karnataka cancelled the said grant in favour of Smt. Lakshmamma and on the same date issued an order re-granting the land to the extent of 16 acres to Sri. *C.R. Aralappa. Thereafter the matter was referred to respondent No.3 for approval of the said grant. 3. On 10.11.2006, that is, after almost thirty years, after the grant in favour of Smt. Lakshmamma was cancelled, she filed an application under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act] for resumption and restoration of the land *Corrected vide Court order dated 31.10.2025 - 5 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 granted to her. Essentially, she sought to challenge the sale of her land in favour of Sri. *C.R. Aralappa, which was conveyed by sale deed dated 28.02.1969, thirty seven years after the sale deed. The said application was rejected by respondent No.3 by an order dated 17.11.2011 on the ground that there could be no resumption of land in favour of Smt. Lakshmamma, as there exists no grant in her favour. 4. Smt. Lakshmamma expired on 09.12.2012. And, thereafter the appellants, being the legal heirs have been pursuing the matter. 5. The appellants filed an appeal before respondent No. 2 challenging the order dated 17.11.2011. The said appeal was allowed by an order dated 26.04.2016 and aggrieved by the same, the daughter of Sri.*C.R. Aralappa, who was since deceased, preferred the writ petition being WP.No.No.28555/2016, which was allowed in terms of the impugned order. It is pertinent to note that the appellants had also preferred a writ petition being WP.No.7101/2013 challenging the order dated 23.10.1978 passed by the Government of Karnataka, whereby the grant in favour of Smt. Lakshmamma was cancelled. The said petition is dismissed *Corrected vide Court order dated 31.10.2025 - 6 - HC-KAR NC: 2025:KHC:38123-DB WA No. 1619 of 2023 in terms of an order dated 26.07.2023. The appellants have not preferred any appeal against the said order and the said decision has become final. Since the cancellation of the grant in favour of Late Smt. Lakshmamma has become final, no relief can be granted to the appellants in this appeal. The question whether the land could be resumed by cancellation of the deed in favour of Sri. *C.R. Aralappa, is for all intents and purposes rendered academic, as the land was also re-granted in favour of Sri. *C.R. Aralappa after cancellation of the grant in favour of Smt. Lakshmamma. The cancellation having become attained finality, in any view of the matter, the subject land cannot be restored to the heirs of *Smt. Lakshmamma. 4. The appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE SD List No.: 1 Sl No.: 46 *Corrected vide Court order dated 31.10.2025