Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:31281-DB WA No. 1352 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1352 OF 2025 (SC-ST) BETWEEN:
1. SARASWATHI W/O LATE YATHIRAJ AGED ABOUT 62 YEARS
2. C.Y. DHARMESH S/O LATE YATHIRAJ AGED ABOUT 36 YEARS
3. C.Y. CHAITHRA D/O LATE YATHIRAJ AGED ABOUT 34 YEARS
4. NAYANA D/O LATE YATHIRAJ AGED ABOUT 28 YEARS
ALL R/AT SHANKARIPURAM NEAR TALUK OFFICE ADVALLI, HASSAN - 573 201 …APPELLANTS (BY SRI KARUMBAIAH T.A., ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO
Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:31281-DB WA No. 1352 of 2025
GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201
3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION HASSAN - 573 201
4. M.R. YASHODA W/O CHANDRAPPA AGED ABOUT 61 YEARS PROPRIETOR HEMAVATHI CONVENT CHANNARAYAPATNA CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116 …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R-1 TO 3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 02.12.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.No.24047/2016 AND DISMISS THE SAID WRIT PETITION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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HC-KAR NC: 2026:KHC:31281-DB WA No. 1352 of 2025
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants seek to impugn an order dated 02.12.2020 passed by the learned Single Judge of this Court in W.P.No.24047/2016(SC-ST). Accompanying the appeal is an application-I.A.No.1/2025 under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 1226 days in filing the above captioned appeal. 2. The appellants state that they had initially accepted the order passed by the learned Single Judge. However, Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act] was amended in the year 2023. According to the appellants, by virtue of the said amendment, their claim would survive despite an inordinate delay. 3.
The appellants state that after they became aware of the amendment to PTCL Act, they applied for a certified copy of the impugned order on 13.11.2024, which was received on 14.11.2024. 4. They also claim that writ appeal (W.A.No.33/2025) was filed against the impugned order and insofar as it relates to
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HC-KAR NC: 2026:KHC:31281-DB WA No. 1352 of 2025
W.P.No.10158/2015(SC-ST), and were under the impression that the said appeal would suffice, but subsequently realised that they were also required to challenge the impugned order separately insofar as it relates to W.P.No.24047/2016(SC-ST) and thereby they have filed the present appeal. 5. We are unable to accept the explanation as set out in the application as constituting any "sufficient cause", which prevented the appellants from filing the present appeal within the stipulated period. The reasons assigned do not satisfactorily explain the prolonged and inordinate delay of 1226 days in preferring the appeal. The application seeking condonation of delay is accordingly dismissed. Consequently, the appeal also stands dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 2 Sl No.: 17