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2026 DAILYLAW 23530 (KAR)

SRI MUNICHOWDAPPA v. THE STATE OF KARNATAKA

WP/15142/2026 · 2026-06-19

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30364 WP No. 15142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 15142 OF 2026 (SC/ST) BETWEEN: SRI. MUNICHOWDAPPA S/O LATE MARAPPA AGED ABOUT 83 YEARS R/AT BISUVANAHALLI VILLAGE KASABA HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 203. …PETITIONER (BY SRI. K. VISHWANATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER. BENGALURU RURAL DISTRICT, MINI VIDHANA SOUDHA, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, DEVANAHALLI-DODDABALLAPUR ROAD BENGALURU RURAL DISTRICT - 562 110. 3. THE ASSTANT COMMISSIONER. DODDABALLAPUR TALUK, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30364 WP No. 15142 of 2026 DODDABALLAPUR BENGALURU RURAL DISTRICT - 561 203. 4. SRI. NEELESH GANERAIWALA S/O NOT KNOWN AGED ABOUT 63 YEARS M/S. TITAN SYNTHETIC PVT. LTD, M/S. CHIMIK PVT LTD., SY. NO. 13, 49/4 SUNKADAKATTE, MAGADI ROAD, BENGALURU - 560 091. 5. SRI. PRADEEP KUMAR GANERAIWALA S/O NOT KNOWN AGED ABOUT 61 YEARS M/S. TITAN SYNTHETIC PVT. LTD., M/S. CHIMIK PVT. LTD., SY. NO. 13, 49/4 SUNKADAKATTE, MAGADI ROAD, BENGALURU - 560 091. 6. SRI. ANNAIAH SHETTY S/O LATE. LAKSHMIAH SHETTY AGED ABOUT 60 YEARS KONGADIYAPPA ROAD DODDABALLAPUR TOWN BENGALURU RURAL DISTRICT - 561 203. …RESPONDENTS (BY SMT. ANITHA N, AGA FOR R1 TO R3; VIDE ORDER DATED 19.06.2026, NOTICE TO R4 TO R6 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE 3RD RESPONDENT IN, - 3 - HC-KAR NC: 2026:KHC:30364 WP No. 15142 of 2026 PTCL. SR (DBP) NO. 06/2006-07, DATED 02.05.2015, AS PER ANNEXURES-D AND ALSO ORDER PASSED 3RD RESPONDENT I.E. DEPUTY COMMISSIONER IN PTCL NO. 49/2017, DATED 14.10.2025, AS PER ANNEXURES-E BY CONFORMING THE ORDER PASSED BY THE 3RD RESPONDENT, IN RESPECT OF LAND BEARING SY. NO. 70 OLD SY. 45, MEASURING 2 ACRES, SITUATED AT BISUVANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner was granted the land on 09.08.1962. He is said to be belonging to a Scheduled Caste / Scheduled Tribe. He has sold the same by way of a registered sale deed dated 14.03.1966. Thereafter, the property has been further alienated and presently, respondent Nos.4 to 6 are said to be the owners of the property. - 4 - HC-KAR NC: 2026:KHC:30364 WP No. 15142 of 2026 2. The petitioner has challenged the said alienation done by him in the year 2006-07 before respondent No.3 - the Assistant Commissioner. The same has been dismissed. Aggrieved by the same, he has challenged the same before respondent No.2 - the Deputy Commissioner. 3. Respondent No.2 dismissed the appeal on the ground that the petitioner had already challenged the said alienation in the year 1998 under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 and the same was dismissed and the same has attained finality and also on the ground that the appeal before respondent No.2 was filed with a delay of 1 year 9 months and that justifiable explanation has not been provided by the petitioner. 4. The petitioner has failed to successfully rebut the aforementioned reasons assigned by respondent No.2. - 5 - HC-KAR NC: 2026:KHC:30364 WP No. 15142 of 2026 5. Even otherwise, there has been an inordinate delay on the part of the petitioner in challenging the sale made by him, which is in contravention of the ratio laid down by the Hon'ble Apex Court in the case of Nekkanti Rama Lakshmi Vs. State of Karnataka and another reported in (2020) 14 SCC 232. 6. For the aforementioned reasons, the Writ Petition stands dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 1