Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15112 OF 2026 (SCST) BETWEEN:
1. T.P. GOPALAPPA S/O LATE PATALAPPA AGED ABOUT 70 YEARS
2. T.P. PARVATHAMMA D/O LATE PATALAPPA AGED ABOUT 71 YEARS
3. T.P. APPANNA GOWDA S/O LATE PATALAPPA AGED ABOUT 68 YEARS
4. T.P. NIRMALA D/O LATE PATALAPPA AGED ABOUT 64 YEARS
5. T.P. PILLE GOWDA S/O LATE PATALAPPA AGED ABOUT 58 YEARS
6. T.P. RAMU, S/O LATE PATALAPPA AGED ABOUT 56 YEARS
7. T.P. BYREGOWDA, S/O LATE PATALAPPA AGED ABOUT 55 YEARS
8. T.P. ANANDA
Digitally signed by CHANDANA B M Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
S/O LATE PATALAPPA AGED ABOUT 52 YEARS
9. T.P. LAKSHMAMMA D/O LATE PATALAPPA AGED ABOUT 56 YEARS
10. T.P. PRASANNA S/O LATE PATALAPPA AGED ABOUT 46 YEARS
PETITIONER NO.1 TO 10 ARE R/AT THARAHUNISE VILLAGE AND POST, JALA HOBLI, YELAHANKA TALUK, BANGALORE-562 157. 11. SRI. SUBRAMANI AGED ABOUT 51 YEARS S/O.DODDAMUNIYAPPA RESIDING AT ERABANAHALLI VILLAGE MADIVALA POST, MALUR TALUK KOLAR DISTRICAT-563 130
12. ANJINAPPA S/O LATE MUNIYAPPA, R/AT NO. THARAHUNISE VILLAGE AND POST, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. ALL ARE REPRESENTED BY GPA HOLDER H.V. RAMANNA, S/O LATE VENKATAPPA, AGED ABOUT 54 YEARS, R/AT YALIYURU VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUQ, BENGALURU RURAL DISTRICT. …PETITIONERS
(BY SRI. BIPIN HEGDE., ADVOCATE)
- 3 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU -560 001. 2. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 002
3. ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU560 002
4. SMT. MUNILAKSHMAMMA AGED ABOUT 52 YEARS W/O. LATE CHIKKAPATALAPPA RESIDING AT THARAHUNASE VILLAGE & POST, JALA HOBLI YELAHANKA TALUK, BENGALURU-562 157
5. RAJANNA.T.C AGED ABOUT 58 YEARS S/O. LATE CHIKKAPATALAPPA RESIDING AT THARAHUNASE VILLAGE & POST, JALA HOBLI YELAHANKA TALUK, BENGALURU-562 157 …RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R1 TO R3, SRI. D.P. MAHESH, ADVOCATE FOR C/R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY WRIT OR ORDER QUASHING THE ORDER DATED.
30.04.2026 PASSED BY THE DEPUTY COMMISSIONER BENGALURU URBAN, BANGALORE IN PTCL NO.1/2025, PTCL NO.10/2025 AND PTCL NO.1/2026 DISMISSING THE APPEAL FILED BY THE PETITIONERS VIDE ANNEXURE -A, B AND C.
- 4 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
The petitioners are before this Court seeking the following reliefs:
"i. Issue a writ of certiorari or any writ or order quashing the order dated: 30.04.2026 passed by the Deputy Commissioner Bengaluru Urban, Bangalore in PTCL No.1/2025, PTCL No.10/2025 and PTCL No.1/2026 dismissing the appeal filed by the petitioners vide Annexure-A, B and C.
ii. Issue a writ of certiorari or any writ or order quashing the Order dated 15.10.2024 passed by respondent No.3 the Asst. Commissioner in KSCST(BNA) 42/2017-18 vide Annexure-D.
iii. Grant such other orders or reliefs as this Hon'ble court may deem fit in the facts and circumstances of the case concerned in the interest of justice and equity."
2. Heard the learned counsel for the petitioners and learned AGA for the respondents No.1 to 3 and learned counsel
- 5 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
for respondents No.4 and 5, and perused the material placed on record. 3. A perusal of the material on record would indicate that respondents No.4 and 5 initiated the impugned proceedings against the petitioners on 23.10.2017 under Section 4 of the Karnataka Scheduled Casts and Scheduled Tribes (Prohibition of certain lands) Act, 1978, ('PTCL Act') seeking declaration and other reliefs. 4. The said petition was allowed by the Assistant Commissioner vide order dated 15.10.2024, which was challenged by the petitioners before the Deputy Commissioner in the impugned revision petition, during the pendency of which the petitioners and the respondents No.4 and 5 jointly submitted before the Deputy Commissioner that they have amicably settled dispute/ matter among themselves in view of the inordinate and unexplained latches and delay of more than 43 years in instituting the aforesaid proceedings and in the light of the judgment of the Apex Court in the case of NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER reported in 2017 SCC ONLINE 1862 which is
- 6 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
further reiterated in the case of MR.VIVEK M HINDUJA AND OTHERS v. MR. ASWATHA AND OTHERS reported in 2019 Kar.L.J. 819 (SC), the impugned orders deserve to be quashed. 5.
It is the grievance of both the petitioners and respondents No.4 and 5 that despite their joint memo/ submission that the orders of the Assistant Commissioner deserves to be quashed, the Deputy Commissioner has proceeded to dismiss the revision petition thereby confirming the order of the Assistant Commissioner by passing the impugned order which is assailed in the present petition. 6. In support of their joint submissions, the learned counsel for the petitioners and the learned counsel for the respondents No.4 and 5 relied upon the following Judgments:
i) NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER reported in 2017 SCC ONLINE 1862
- 7 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
ii) Smt. Gouramma Alias Gangamma Vs. Deputy Commissioner, Haveri, Writ Appeal No.100101 of 2024
disposed of on 29th July 2024
iii) MR.VIVEK M HINDUJA AND OTHERS v. MR.
ASWATHA AND OTHERS reported in 2019 Kar.L.J. 819 (SC).
7. A perusal of the material on record would indicate that the respondents have initiated the instant proceedings in the year 2017 after a lapse of 43 years from the date of alienation and after the lapse of 37 years from the date of the 'PTCL' Act came into force which is beyond reasonable time as held in NEKKANTI RAMA LAKSHMI and MR.VIVEK M HINDUJA and reiterated by this Court in the aforesaid Judgments.
8. Under these circumstances, I am of the considered opinion that having regard to the joint submissions made by the
learned counsel for the petitioner and learned counsel for the respondents No.4 and 5, I deem it just and appropriate to allow the present petition and quash the impugned orders.
9. In the result, I pass the following:
- 8 -
HC-KAR NC: 2026:KHC:24727 WP No. 15112 of 2026
ORDER
i) The writ petition is allowed.
ii) The impugned order dated 30.04.2026 passed by the Deputy Commissioner Bengaluru Urban, Bengaluru in PTCL No.1/2025, PTCL No.10/2025 and PTCL No.1/2026, dismissing the appeal filed by the petitioners vide Annexure-A, B and C and the impugned order dated 15.10.2024 passed by the respondent No.3-the Assistant Commissioner in KSCST(BNA) 42/2017-18 vide Annexure-D are hereby quashed.
iii) Proceedings initiated by respondents No.4 and 5 stands dismissed.
Ordered accordingly.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
HR List No.: 1 Sl No.: 75