- 1 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 398 OF 2024 BETWEEN: SMT MUNIYAMMA D/O LATE VENKTAPPA AGED ABOUT 70 YEARS R/O BOMMADEVAN GUTTA VILLAGE, CHIKKAKOGIGEHALLI, VISHWANEEDUM POST BANGALORE 560071 …PETITIONER (BY SRI. S.V. DESAI, ADVOCATE) AND: 1. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE 560001 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION, BANGALORE 560001 3. SMT VENKATAMMA W/O LATE VENKATAPPA, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 AGED ABOUT 75 YEARS, R/O MARIYAPPANAPALYA JANANBHARATHI POST KENGERI HOBLI, BENGALURU 560056 4. SRI NANJAPPA S/O LATE VENKATAPPA, AGED ABOUT 55 YEARS, R/O MARIYAPPANAPALYA JANANBHARATHI POST KENGERI HOBLI, BENGALURU 560056 5. SRI DINESH KUMAR S/O JAI RAM AGED ABOUT MAJOR, R/O DEVATHA MARKET AVENUE ROAD, BENGALURU - 560002 6. SRI MOHAN KUMAR S/O DEVADAS AGED ABOUT MAJOR R/O NO 118/1, 1ST MAIN ROAD, GOVINDARAJANAGAR BENGALURU - 560040 7. SMT MUNIYAMMA W/O LATE VENKATAPPA R/O CHIKKA KOGIGEHALLI YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK BENGALURU - 560063 8. SMT VENKTAMMA W/O LATE VENKATAPATHI R/O MARIYAPPANAPALYA, JNANBHARATHI POST, - 3 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 KENGERI HOBLI, BENGALURU - 560056 9. SRI NANJAPPA S/O LATE VENKATAPATHI R/O MARIYAPPANAPALYA, JNANBHARATHI POST, KENGERI HOBLI, BENGALURU - 560056 …RESPONDENTS (BY SRI. K.S. HARISH, GA FOR R1 & R2) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF THE CPC, PRAYING TO BE REVIEW THE ORDER DATED 27.03.2024 PASSED BY THIS HONBLE COURT IN WA NO. 404/2024 (SC-ST) WHICH IS PRODUCED AND MARKED AS ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present review petition is filed to review the judgment dated 27.3.2024 passed in Writ Appeal No.404/2024 (SCST), whereunder the appeal filed by the review petitioner challenging - 4 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 the order dated 28.7.2023 passed by the learned Single Judge in Writ Petition Nos.4402/2022 and 4408/2022, was dismissed. 2. The primary contention put forth by the review petitioner is that the amendment made to the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act), whereunder clause (c) was inserted in Section 5(1) of the PTCL Act, has not been considered. He submits that that, from the date the of amendment, i.e. from 27.7.2023, limitation will not be applicable for actions seeking restoration of the land. 3. It is pertinent to note that the land was granted on 31.10.1961 and the Saguvali Chit was issued on 4.2.1970. The Saguvali chit prescribed a condition of non alienation of fifteen (15) years. It was noticed by the Co-ordinate Bench of this Court that the non alienation period expired on 1.11.1976, much before the PTCL Act coming into force on 1.1.1979. The alienation took place vide registered Sale Deed dated 5.11.1976, which was before the coming into force of the PTCL Act. Notwithstanding the same the Assistant Commissioner had ordered for resumption of the land, which was affirmed by the Deputy Commissioner. - 5 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 4. The learned Single Judge, noticing that the subject land was converted, held that the Assistant Commissioner had no jurisdiction to entertain the application for resumption and allowed the writ petition by setting aside the orders of the Assistant Commissioner and the Deputy Commissioner. The Co-ordinate Bench of this Court dismissed the writ appeal. 5. This Court in the case of Smt.Gouramma Alias Gangamma v. Deputy Commissioner, Haveri (Writ Appeal No.100101/2024, decided on 29.7.2024) has considered the effect of insertion of clause (c) to Section 5(1) of the PTCL Act, and held that the amendment does not bring any change in the statutory scheme and is declaratory of what the statute has been, so far as limitation period is concerned. It held that the amendment did not in any manner alter the legal position as held in the case of Nekkanti Rama Lakshmi v. State of Karnataka : [(2020) 14 SCC 232]. 6. Another Co-ordinate Bench of this Court in the case of Manjula & Ors., v. Deputy Commissioner & Ors., : NC 2024:KHC:51015-DB has noticed the judgments in the case of Nekkanti Rama Lakshmi (supra) and Smt.Gouramma Alias - 6 - HC-KAR NC: 2025:KHC:54335-DB RP No. 398 of 2024 Gangamma (supra) and declined indulgence in a case of where restoration was sought after twelve (12) years. 7. In view of the aforementioned, no ground has been made out to review the order dated 27.3.2024 passed in Writ Appeal No.404/2024. 8. Accordingly, the present petition is dismissed as being devoid of merit. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 11