- 1 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103036 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 100390 OF 2024 (KLR-RES) IN W.P. NO.103036 OF 2024: BETWEEN: 1. MUTKOORAPPA S/O NAIKAR HANUMANTHAPPA, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. M.B. COLONY, MUTHUKUR VILLAGE, TQ. HAGARIBOMMANA HALLI, DIST. VIJAYANAGAR-583 224. 2. MATANGAPPA S/O NAIKAR HANUMANTHAPPA, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. M.B. COLONY, MUTHUKUR VILLAGE, TQ. HAGARIBOMMANA HALLI, DIST. VIJAYANAGAR-583 224. 3. SMT. HULIGEMMA W/O LATE RAMANNA, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. M.B. COLONY, MUTHUKUR VILLAGE, TQ. HAGARIBOMMANA HALLI, DIST. VIJAYANAGAR-583 224. … PETITIONERS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY SECRETARY, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 DEPARTMENT OF REVENUE, VIDHAN SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT-583 225. 3. ASSISTANT COMMISSIONER, OFFICE OF ASST. COMMISSIONER, HOSAPETE-583 201. 4. THE TAHASILDAR, OFFICE OF TAHASILDAR, HAGARIBOMMANAHALLI TALUK, DIST. VIJAYANAGAR-583 212. 5. SHRI PATTEGAR PARASURAM S/O LATE ARJUN SA PATTEGAR, AGE. 71 YEARS, OCC. AGRICULTURE, R/O. #1436, SRI BHAVANI MANSION, 1ST MAIN, 11TH CROSS, KENGERI SATELLITE TOWN, NEAR HOYSALA CIRCLE, BENGALURU SOUTH-560 060. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. MADHUKAR S., ADVOCATE R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.2 I.E., DEPUTY COMMISSIONER, VIJAYANAGAR, IN NO.Sam.Kam.Appeal / 158 /2022-23 DATED 31.10.2023 PERTAINING TO SY.NO.307/F, 307/D HAGARIBOMMANAHALLI WHICH ARE PRODUCED AND MARKED AT ANNEXURE-E AND SINCERELY PRAYS BEFORE THIS COURT TO RESTORE THE ORDER - 3 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 PASSED BY THE ASSISTANT COMMISSIONER, HOSPETE I.E., RESPONDENT NO.3 PRODUCED AS ANNEXURE-D. IN W.P. NO.100390 OF 2024: BETWEEN: SHRI. PATTEGAR PARASURAM S/O LATE ARJUN SA PATTEGAR, AGE. 71 YEARS, OCC. AGRICULTURE, R/O. #1436, SRI BHAVANI MANSION, 1ST MAIN, 11TH CROSS, KENGERI SATELLITE TOWN, NEAR HOYSALA CIRCLE, BENGALURU SOUTH-560 060. … PETITIONER (BY SRI. MADHUKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, TO THE DEPARTMENT OF REVENUE, VIDHAN SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT-583 275. 3. THE ASSISTANT COMMISSIONER, HOSAPET, VIJAYANAGAR-583 275. 4. THE TAHASILDAR, HAGARIBOMMANA HALLI (DIST. VIJAYANAGAR)-583 212. 5. SRI. MUTUGURAPPA S/O NAIKAR HANUMANTHAPPA, M.B. COLONY, MUTHUGUR VILLAGE, - 4 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 TQ. H.B. HALLI, AGE. MAJOR, OCC. AGRICULTURIST, DIST. VIJAYANAGAR-583 275. 6. SRI. MATANGAPPA S/O NAIKAR HANUMANTHAPPA, M.B. COLONY, MUTHUGUR VILLAGE, TQ. H.B. HALLI, AGE. MAJOR, OCC. AGRICULTURIST, DIST. VIJAYANAGAR-583 275. 7. SMT. HULIGEMMA W/O LATE RAMANNA, AGE. MAJOR, OCC. HOUSEHOLD, RESPONDENT NO.5 AND 6 ARE R/O. M.B. COLONY (MUTGURU) VILLAGE, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGAR-583 275. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R5 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 07.09.2022 PASSED BY THE RESPONDENT NO.3 BEARING NO.A.Vile.Sum.Cum.Pahani / Appeal / 211 / 2021-2022 AS PER ANNEXURE-G AND ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 31.10.2023 PASSED BY THE RESPONDENT NO.3 BEARING NO.SUM.CUM.APPEAL/158/2022-23 AS PER ANNEXURE-H. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Writ Petition No.103036/2024 is filed assailing the order dated 31.10.2023 passed by respondent No.2-Deputy Commissioner, Vijayanagar in Sam.Kam.Appeal/158/2022-23. 2. In terms of the said impugned order, the Deputy Commissioner has allowed the petitioners’ appeal in part, and has set aside the order passed by the Assistant Commissioner insofar as directing to restoration of the property in favour of the legal representatives of the original grantee. 3. Respondent No.3-Assistant Commissioner, in terms of the order dated 07.09.2022, has restored the land in favour of the original grantee Sri Nayakar Hanumantappa, and directed the Tahsildar to make necessary changes in the property records and thereafter, to enter the names of the legal representatives of original grantee Sri Nayakar Hanumantappa. 4. Learned counsel for the petitioners would submit that the land in question was granted to Sri Nayakar Hanumantappa in terms of the order dated 21.06.1986. The grant order is - 6 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 produced at Annexure-A. Sy.No.307/D measuring 4 acres 6 guntas and Sy.No.307/F measuring 18 cents were granted to Sri. Nayakar Hanumantappa. The Form No.D was issued by the Jurisdictional Tahsildar in favour of the grantee pursuant to the aforementioned grant. 5. The grant order did contain a Clause restraining alienation for 15 years. The grantee sold the properties bearing Sy.No.307D measuring 4 acres 6 guntas and Sy.No.307F measuring 18 cents to Patil Doddabasavana Gowda under registered sale deed dated 28.10.1960. Thereafter, said Patil Doddabasavana Gowda sold the properties referred to above to Arjun Sa Katwa. On 03.10.1963, Arjun Sa Katwa sold the properties bearing Sy.No.307D and 307F to Hakim Sab son Nadaf Budne Sahab, is the submission. 6. The petitioner’s mother Subadra Bai purchased the property bearing Sy.No.307F measuring 18 cents and property bearing Sy.No.307D measuring 4 acres 6 guntas from Hakim Sab, under registered sale deed dated 19.12.1963 and petitioner’s mother died on 15.12.2009 and petitioner’s name was entered in the property records and later petitioner gifted - 7 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 the aforementioned properties to his wife under gift deed dated 18.11.2021. 7. Admittedly, aforementioned alienations except the gift dated 18.11.2021, were made prior to the commencement of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘Act, 1978’). Said transactions were not objected to by the Government on the premise that the alienations violated the terms of the grant. 8. The respondents No.5 to 7 the legal representatives of original grantee challenged the mutation in the name of the petitioners recorded after the demise of Subadra Bai. The Assistant Commissioner accepted the plea and accordingly ordered restoration of the property in favour of the legal representatives of the original grantee. 9. W.P.No.100390/2024 is filed is filed by the legal representatives of late Subadra Bai assailing the order dated 07.09.2022 passed by respondent No.3-Assistant Commissioner, - 8 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 and the order dated 31.10.2023 passed by respondent No.2- Deputy Commissioner. 10. Learned counsel for the petitioner in W.P.No.100390/2024 would urge that the original grant was in the year 1955, and Form No.D was issued in the year 1960 in favour of Sri Nayakar Hanumantappa. At that point of time, there was a Clause prohibiting alienation of the property for 10 to 15 years. The property, which was granted, was transferred by grantee Sri Nayakar Hanumantappa through registered Sale Deed dated 18.10.1960. This transaction though violated the Clause relating to non alienation is not objected to by the State. Thereafter, two more sale transactions took place till 19.12.1963 and petitioner’s mother purchased the aforementioned properties. The State did not object to any of the transactions. 11. The petitioner’s mother continued to be in possession of the property as a owner till her death. 12. Only after the demise of the petitioner’s mother the contesting respondents No.5 to 7 the legal representatives of - 9 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 original grantee raised a dispute, as such, the application seeking resumption is not tenable. 13. The learned counsel for the legal representatives of original grantee who have also filed W.P.No.103036/2024 challenging the order of the Deputy Commissioner directing the entry in the name of the State would urge that, all sale transactions between 1960 to 1963 are in violation of terms of the grant which prohibited alienation from 10 to 15 years from the date of grant in the year 1960. Thus, it is urged the transferees under the aforementioned sale deeds did not acquire title over the property and the legal representatives of deceased grantee are eligible to claim resumption. 14. The Court has considered the contentions raised at the Bar and perused the record. 15. Admittedly, the alienations have taken place before the commencement of Act, 1978. Thus, there is no violation of the provisions of Act, 1978. What is violated is the non-alienation Clause for 10 to 15 years from 1960. The State has not taken any action from 1960 to 2022. - 10 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 16. Since there is no violation of the Act, 1978, the legal representatives of original grantee cannot make a claim for resumption of the lands. 17. The State having not objected to the alienations made in contravention of the terms of the grant is estopped from claiming the property after lapse of 42 years. 18. Under these circumstances, the Writ Petition No.100390/2024 has to be allowed and petitioners name in the property records have to be restored. 19. And the Writ Petition No.103036/2024 is to be dismissed. 20. Hence the following: ORDER (i) Writ Petition No.100390/2024 is allowed (ii) Writ Petition No.103036/2024 is dismissed. (iii) The impugned order dated 31.10.2023 passed by respondent No.2 in Appeal Sam.Kam. Appeal/158/2022-2023 is quashed. - 11 - HC-KAR NC: 2025:KHC-D:15356 WP No. 103036 of 2024 C/W WP No. 100390 of 2024 (iv) The impugned order dated 07.09.2022 passed by respondent No.3 in Appeal No.Vile.Sum.Cum.Pahani/Appeal/211/2021- 2022 is quashed. (v) The petitioner’s name in W.P.No.100390/2024 has to be restored in the property records of Sy.No.307/D measuring 4 acres 6 guntas and Sy.No.307/F measuring 18 cents in Hagaribommanahalli village, Taluk: Hagaribommanahalli, Vijayanagara District. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP, GVP CT:BCK LIST NO.: 1 SL NO.: 62