- 1 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104728 OF 2024 (SCST) BETWEEN: 1. T. HANUMAKKA W/O. LATE TILAVARS ERAPPA @ VEERAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST. 2. T. NAGAMMA D/O. LATE TALVARS ERAPPA @ VEERAPPA, AGE: 43 YEARS, OCC: AGRICULTURIST. 3. T. RAJESHWARI @ RAJAMMA D/O. LATE TALVARA ERAPPA @ VEERAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST. 4. M. VANAJAKSHI D/O. LATE TALAVAR ERAPPA @ VEERAPPA, AGE: 39 YEARS, OCC: AGRICULTURIST. 5. T. ANJAAPPA S/O. LATE TALAVARA ERAPPA @ VEERAPPA, AGE: 36 YEARS, OCC: AGRICULTURIST. 6. T. NAGARAJA S/O. LATE TALAVAR ERAPPA @ VEERAPPA, AGE: 35 YEARS, OCC: AGRICULTURIST. 7. M. SHANTAPPA S/O. LATE AGSAR SANNNA HANUMANTAPPA, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 AGE: 46 YEARS, OCC: AGRICULTURE, ALL R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE, HOSPETE, VIJAYANAGARA-583201. 3. THE ASSISTANT COMMISSIONER HOSPETE SUB-DIVISION, VIJAYANAGARA DISTRICT-583201. 4. BHEEMAVVA W/O. LATE MYASARA BORAPPA AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. 5. HANUMAKKA D/O. LATE MYASARA BORAPPA AGE: 68 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. 6. M. ANJINAPPA S/O. LATE MYASARA BORAPPA AGE: 66 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. - 3 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 7. M. ERANNA S/O. LATE MYASARA BORAPPA AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. 8. M. HANUMANTHAPPA S/O. LATE MYASARA BORAPPA, AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. 9. M. OBALESHA S/O. LATE MYASARA BORAPPA AGE: 80 YEARS, OCC: AGRICULTURE, R/O. KUPPINAKERE VILLAGE-POST, TQ: KUDLIGI, DIST: VIJAYANAGARA-583135. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R3; SRI. HANAMANT R.LATUR, ADVOCATE FOR R4 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 27/02/2024 BEARING NO. A.VLE.SAM.KAM.PARBHARE. AFILU.14/2022-23 IN RCCMS CASE ID.PTCL/14/2022 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-J WITH RESPECT TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for respondents No.1 to 3, and learned counsel appearing for the private respondents. 2. This petition is filed assailing the order dated 24.07.2024 passed by respondent No.2-Deputy Commissioner and the order dated 27.02.2024 passed by respondent No.3- Assistant Commissioner. 3. In terms of both the impugned orders, respondents No.2 and 3 have held that the transactions pertaining to the petition properties are hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 19781. 4. Learned counsel appearing for the petitioners would submit that first sale transaction took place in the year 1966, second sale transaction in 1967, third sale transaction in 1999, fourth sale transaction in 2018 and fifth sale transaction in 2019. 1 For short, ‘Act of 1978’ - 5 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 5. It is not in dispute that the entire granted land was sold in the year 1966, and thereafter, a portion of the property was sold by the subsequent purchasers. Admittedly, the dispute is raised for the first time in 2023 by the children of original grantee. 6. Learned counsel appearing for the petitioners would urge that the issue raised in the present petition is squarely covered in terms of the law laid down by the Apex Court in Nekkanti Ram Lakshmi Vs. State of Karnataka and Others2. Thus, urged that the impugned orders are liable to be set aside. 7. Learned counsel appearing for the contesting respondents would urge that the Act of 1978 prohibits sale transactions without permission in respect of the properties, for which, the Act of 1978 is applicable. Since such prior sanction was admittedly not obtained, there is no limitation for seeking resumption of such land, and therefore, the impugned orders are justified. 2 (2020) 14 SCC 232 - 6 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 8. The Court has considered the contentions raised at the Bar and perused the records. 9. The Apex Court, in the case of Nekkanti Ram Lakshmi (supra), has held that the application for resumption of land challenging alienation on the premise that the provisions of the Act of 1978 have been violated must be filed within a reasonable time. Admittedly, in the present case, the applications have been filed 56 years after the sale transaction. As such, the claim is hit by delay and latches. 10. Hence, the following: ORDER a) The petition is allowed. b) The order dated 24.07.2024 passed by respondent No.2-Deputy Commissioner and the order dated 27.02.2024 passed by respondent No.3-Assistant Commissioner, are set aside. - 7 - HC-KAR NC: 2025:KHC-D:18335 WP No. 104728 of 2024 c) In case name of the petitioners is not yet reflected in the property records, same shall be entered in the property records within 30 days from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:VH List No.: 1 Sl No.: 30