- 1 - HC-KAR NC: 2025:KHC-D:18046 WP No. 104682 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104682 OF 2023 (KLR-RR/SUR) BETWEEN: SHRI. DHAGADU RAJESHWAR RAO, AGE. 42 YEARS, R/O. NO.42, SANMATI YASHAWANT VIHAR, NANAWADI, BELAGAVI-590 006. … PETITIONER (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590 001. 2. REVENUE INSPECTOR, JAMBOTI, TAL. KHANAPUR, DIST. BELAGAVI-591 302. 3. THE TAHASILDAR, KHANAPUR, DIST. BELAGAVI-591 302. 4. THE ASSISTANT COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590 001. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.10.2022 PASSED BY THE FIRST RESPONDENT NO.1 IN RB/RTA/35/2021-22 VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 05.11.2018 IN RTS/AP- 29/2015-16, MARKED ANNEXURE-C PASSED BY THE 4TH RESPONDENT AND ETC. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.17 12:04:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18046 WP No. 104682 of 2023 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the orders passed by respondent No.3-Tahasildar, respondent No.4- Assistant Commissioner as well as respondent No.1- Deputy Commissioner. 2. The petitioner purchased the property under registered sale deed dated 09.03.2010 from its previous owner, whose name appeared in the property record. 3. Respondent No.3-Tahasildar refused to certify the mutation entry on the premise that the transaction is hit by the provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘the Act of 1978’). - 3 - HC-KAR NC: 2025:KHC-D:18046 WP No. 104682 of 2023 4. The petitioner filed an appeal before respondent No.4-Assistant Commissioner. Respondent No.4- Assistant Commissioner dismissed the appeal filed by the petitioner. The Revision Petition before respondent No.3-Deputy Commissioner is also dismissed. These orders are questioned by the petitioner. 5. Learned counsel for the petitioner would submit that the first sale transaction in respect of the property was in terms of registered sale deed dated 28.12.1994. Thereafter, the person who purchased the property, sold the property in the year 2003 to the petitioner's vendor under registered sale deed dated 18.10.2003. Then petitioner purchased the property on 09.03.2010. 6. Learned counsel for the respondents would defend the order on the premise that sale transaction is in violation of 1978 Act. - 4 - HC-KAR NC: 2025:KHC-D:18046 WP No. 104682 of 2023 7. It is well settled position of law that if the transactions are hit by the provisions of the Act of 1978, the challenge has to be made within a reasonable time in view of the law laid down in Nekkanti Rama Lakshmi v. State of Karnataka and Another1. 8. The first transaction as it is noticed has taken place in the year 1994. Hence, respondent No.3- Tahasildar could not have refused to certify the mutation entry and respondent No.4-Assistant Commissioner and respondent No.1-Deputy Commissioner, could not have confirmed the said order. 9. Hence, the following: ORDER i. The petition is allowed. 1 (2020) 14 SCC 232 - 5 - HC-KAR NC: 2025:KHC-D:18046 WP No. 104682 of 2023 ii. The order dated 20.10.2022 passed by respondent No.1 marked at Annexure-A confirming the order dated 05.11.2018 passed by respondent No.4 marked at Annexure-C, are quashed. iii. Respondent No.3-Tahasildar shall enter the name of the petitioner in the property records within 30 days from the date of the receipt of certified copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1