- 1 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 19618 OF 2007 (SCST) BETWEEN: SRI. SYED AHMED S/O. A. TAWAB, "ZEENATH MANZIL" COWL BAZAAR, BELLARY-583102. REP. BY HIS G.P.A. HOLDER, SRI. ABDUL HAMEED S/O. HABEEB UR REHMAN, AGED ABOUT 36 YEARS. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELLARY-583102. 2. THE ASSISTANT COMMISSIONER, BELLARY-583102. 3. THE TAHSILDAR, BELLARY TALUK, BELLARY-583102. 4. THE VILLAGE ACCOUNTANT, BELLARY-583102. 5. SRI. VENKATESHULU S/O. V.MARAPPA, AGED ABOUT 61 YEARS, R/AT.NO.4, VEERANNA GOWDA COLONY, INFANTRY ROAD, BELLARY-101. 6. SMT. SANJEEVAMMA W/O. SOMANNA, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.29 11:31:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 SINCE DECEASED BY HER LRS. 6A. VIJAYKUMAR S/O. SOMANNA, AGE: MAJOR, OCC: ADVOCATE, R/O. NEAR “BELLARY BELAGAYITU”, PATRIKE OFFICE, BEHIND MUNICIPAL OFFICE, NEAR DR. RAJKUMAR PARK, BELLARY, TQ. & DIST: BELLARY. 6B. UDAYKUMAR S/O. SOMANNA, AGE: MAJOR, OCC: GOVT. EMPLOYEE, R/O. CENTRAL EXSICE & CUSTOMS OFFICE, BELGAUM, TQ. DIST. BELGAUM. 6C. SMT. BHAGYALAXMI D/O. SOMANNA, AGE: MAJOR, OCC: BENK EMPLOYEE, R/O. C/O. STATE BENK OF MYSORE, MAIN BRANCH, HOSPET, TQ: HOSPET, DIST: BELLARY. 6D. JAYRAM S/O. SOMANNA, AGE: MAJOR, OCC: BUSINESS, R/O. BESIDES GIRLS HIGH SCHOOL, UMBLIBAGH, BELLARY, TQ. & DIST: BELLARY. 7. SMT. THIMMAKKA W/O. THIMMAPPA, AGED ABOUT 48 YEARS, R/AT. INFANTRY ROAD, CANTT., BELLARY-583101. 8. SMT. V. PARVATHAMMA W/O. V.NAGAPPA, AGED ABOUT 45 YEARS, R/AT. “NILAYA” PLOT NO.249, MAHAVEER NAGAR, GULBARGA. 9. SRI. V. S. SUNIL KUMAR S/O. VENKATESHULU, AGED ABOUT 30 YEARS, R/AT.OPP: RAMAKRISHNA COMPLEX, GANESHA NAGAR, SRIRIGUPPA ROAD, BELLARY-583101. - 3 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 10. SRI. SYED YUSUF S/O. SYED KHALEEL SAB, SINCE DECEASED BY HIS LRS. 10A. SMT. KHURSHID BEGUM, W/O. LATE SAYED YUSUF SAB, AGED ABOUT 68 YEARS, OCC: HOUSEHOLD. 10B. SMT. NASEEMA BANU D/O. SAYED YUSUF SAB, W/O. H. FAROOQ, AGED ABOUT 50 YEARS, OCC: HOUSEHOLD, 10C. SMT. SHAMEEM BANU D/O. SAYED YUSUF SAB, W/O. LATE B. SALEEM, AGED ABOUT 48 YEARS, OCC: HOUSEHOLD. 10D. SMT. NOORUNISSA D/O. SAYED YUSUF SAB, W/O. MOHAMMED SAYEED, AGED ABOUT 46 YEARS, OCC: HOUSEHOLD. 10E. SYED NOOR MOHAMMED, S/O. LATE SYED YUSUF SAB, AGED ABOUT 43 YEARS, OCC: MECHANIC. 10F. SYED IBRAHIM S/O. LATE SYED YUSUF SAB, AGED ABOUT 40 YEARS, OCC: MECHANIC. 10G. SMT. SHAMSHUNNIS D/O. SYED YUSUF SAB, W/O. C. R. HABEEB, AGED ABOUT 37 YEARS, OCC: HOUSEHOLD, ALL ARE C/O. & R/O. DOOR NO.39/1, WARD NO.15, ROOPANAGUDI ROAD, BALLARI, TQ. & DIST: BALLARI, PIN CODE: 583102. 11. SRI. PARAMESHWARAPPA S/O. THIMMAPPA, SINCE DECEASED BY HIS LRS. 11A. SRI. PAMPAPATI S/O. PARAMESHWARAPPA, AGE: MAJOR, OCC: GOVT. EMPLOYEE, (ASST. R.T.O), R/O. 6TH CROSS, M.V. NAGAR, KAPPAGAL ROAD, BELLARY, - 4 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 TQ. & DIST: BELLARY. 12. SRI. V. N. RAMARAJU, S/O. LATE. M. V. NAGAIAH, AGED ABOUT 30 YEARS, R/AT.WARDEN GANGAPPA STREET, ROOPANAGUDI, BELLARY-583101. 13. SRI. V. MANJUNATHA S/O. LATE M. V. NAGAIAH, AGED ABOUT 28 YEARS, R/AT.WARDEN GANGAPPA STREET, ROOPANAGUDI, BELLARY-583101. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R4; SRI. SRINAND A. PACHHAPURE, ADV. FOR R5; SRI. GANAPATI M. BHAT, ADV. FOR R5, R7, R13; NOTICE TO R6(A TO C), R8 AND R10(A TO G) IS SERVED; SRI. SIDDAPPA S. SAJJAN, ADV. FOR R9; SRI. SRIKANT T. PATIL, ADV. FOR R10; NOTICE TO R6(D), R11(A) AND R12 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN CASE NO. PTCL 11/2005-06 BEFORE THE SECOND RESPONDENT AND SET-ASIDE THE ORDER DATED 12.7.2006 PASSED BY THE SECOND RESPONDENT UNDER THE ORIGINAL OF ANNEXURE-D AS ULTRA VIRES THE ACT AND CALL FOR RECORDS IN APPEAL NO.86/2006-07 BEFORE THE FIRST RESPONDENT-DEPUTY COMMISSIONER, BELLARY AND SET- ASIDE THE ORDER PASSED THEREON DATED 29.10.2007 BY THE FIRST RESPONDENT UNDER THE ORIGINAL OF ANX-E AS ULTRA VIRES THE ACT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This Writ Petition is filed assailing the order dated 29.10.2007 passed by respondent No.1-Deputy Commissioner and also the order dated 12.07.2006 passed by respondent No.2-Assistant Commissioner. 2. In terms of the order dated 29.10.2007, respondent No.1-Deputy Commissioner dismissed the appeal and confirmed the order dated 12.07.2006 passed by the Assistant Commissioner. 3. Assistant Commissioner has held that the transaction is hit by the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘Act, 1978’). 4. It is not in dispute that the lands in question were originally granted to the persons belonging to Scheduled Caste and Scheduled Tribe and the grant was made somewhere in the year 1960. The said grant was initially cancelled and the land was allotted to a Company. The cancellation was questioned - 6 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 before the Court in W.P.No.148/1963 and the order canceling the grant was quashed and the grant was restored. 5. Thereafter, the grantees filed suit in O.S. No. 449/1966 before the I Additional Munsiff, Ballari for declaration and possession and suit was initially dismissed. 6. Later in RSA No.635/1975, declaration of title and possession was ordered. Pursuant to Execution Petition filed, possession is restored to the grantees in terms of the order in Execution No.399/1982. 7. From the records, it is noticed that the property bearing Sy.No.597/B-1 (Old Sy.No.995-A) of Ballari village of Ballari Taluk and District was granted to the Vadde Lakshmamma and after the restoration of the property referred to above in terms of the order in Execution Petition No.399/1982, Vadde Lakshmamma came in possession of the property. Then on 16.07.1992, Vadde Lakshmamma sold 4 acres of land to V.S.Sunil Kumar as can be seen from Annexure-D. On 16.11.1992, V.S.Sunil Kumar sold Sy.No.597B/1/B/2A/1/1A to - 7 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 the extent of 2 acres in favour of Syed Yusuf and Sy.No.597B/1/B/2A/1/1A in favour of Parameswarappa. 8. It is also noticed from the two registered sale deeds that Syed Yusuf and Parameswarappa sold the aforementioned properties to the petitioner. At this juncture, the dispute is raised on the premise that the sale transaction has violated the provisions of the Act, 1978. 9. Learned counsel for the petitioner would urge that the claim is untenable and issue raised in the present petition is covered in terms of the law laid down in Nekkanti Rama Lakshmi v. State of Karnataka and another1. 10. It is noticed that respondent No.5, one of the claimants before the Assistant Commissioner and the Deputy Commissioner died during the pendency of the writ petition. It is noticed that respondent No.5 is one of the legal representatives of the original grantee. The remaining legal representatives of original grantee have engaged the same advocate before the Assistant Commissioner as well as before the Deputy Commissioner. It is noticed that their stand is one and the same. 1 (2020) 14 SCC 232 - 8 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 11. Under these circumstances, the Court is of the view that there is effective representation as two among the legal representatives of deceased grantee are represented by same counsel. 12. Learned counsel for respondents No.6, 7 and 8 would urge that the transaction is prohibited under Section 4 of Act 1978 and as such, the Deputy Commissioner and Assistant Commissioner are justified in holding that there is contravention of the provisions of Act 1978 and they are justified in restoring the land in favour of the respondents. 13. The Court has considered the contentions raised at the Bar and perused the records. 14. It is noticed that the first sale transaction was in the year 1992. Pursuant to the said sale transaction, the property records were changed and thereafter one more transaction took place on 16.07.1992, based on which, there was a change of mutation and later the third transaction took place on 24.07.2004. The aforementioned transactions are reflected in the impugned orders and the said transactions are not in dispute. - 9 - HC-KAR NC: 2025:KHC-D:15992 WP No. 19618 of 2007 15. Thus, the first violation took place on 16.07.1992. The dispute is raised in the year 2006 for the first time that is after 14 years from the date of the violation which took place on 16.07.1992. The Apex Court in the case of Nekkanti supra has held that the claim made belatedly is hit by principle of delay and laches. 16. Under these circumstances, the Court is of the view that the ratio laid down in Nekkanti supra would apply to the facts of the case. The impugned orders passed by the Assistant Commissioner and the Deputy Commissioner have to be quashed. Hence, the following: ORDER i. Writ petition is allowed. ii. Order dated 12.07.2006 passed by respondent No.2 and order dated 29.10.2007 passed by respondent No.1 are quashed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP/CLK CT-AN