Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32121 WP No. 19188 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19188 OF 2026 (SCST) BETWEEN:
M. NARAYANAPPA S/O. LATE MUNISWAMAPPA, AGED ABOUT 72 YEARS, R/AT DODDAKADATHUR VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. PRASANNA B.R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPTD. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDHAYA BHAVAN, K.R. ROAD, BENGALURU - 560 009. 4. SRI. JYOTHI PRASAD, S/O. B.K. KRISHNAIAH CHETTY, AGED ABOUT 71 YEARS, R/AT NO.33, VENGAPPA CHETTY STREET, VELLORE-4-TAMIL NADU,
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32121 WP No. 19188 of 2026
PRESENTLY RESIDING AT NO.42, 1ST FLOOR, 1ST MAIN, 2ND CROSS, MICO LAYOUT, BTM 2ND STAGE, BENGALURU - 560 076. 5. SRI. L.A. SATISH, S/O. L.S. ANANTHAPADMANABHA SETTY, AGED ABOUT 59 YEARS, R/AT NO.10/C, VANI VILAS ROAD, BASAVANAGUDI, BENGALURU - 560 004. 6. SRI. L.A. SRINIVASA GUPTHA, S/O. L.S. ANANTHAPADMANABHA SETTY, AGED ABOUT 69 YEARS, R/AT NO.10/C, VANI VILAS ROAD, BASAVANAGUDI, BENGALURU - 560 004. 7. SRI. RAGHAVENDRA, S/O. SRINIVASAMURTHY, AGED ABOUT 53 YEARS, REPTD. BY GPA HOLDER SMT. B. ANASUYA BAI, W/O. B. SRINIVASA MURTY, AGED ABOUT 73 YEARS, R/AT NO.14, BANASHANKARI NILAYA, 7TH CROSS, PRASHANTHINAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SMT. ANITHA N, AGA FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 30.08.2012 IN SC.ST(A) NO.172/2009-10 PASSED BY THE 2ND RESPONDENT HEREIN VIDE ANNEXURE-H.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:32121 WP No. 19188 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The father of the petitioner is said to have been granted land in the year 1939, which is the subject matter of the writ petition. His father alienated the same in the year 1947. The application for restoration of the land was made by the petitioner as late as in the year 2007.
The Assistant Commissioner (respondent No.3) has allowed the application filed by the petitioner and restored the lands in favour of the petitioner. However on appeal, respondent No.2 - Deputy Commissioner has passed an order dated 30.08.2012 allowing the same in favour of the purchaser. Aggrieved by the same, the present petition is filed. 3. Admittedly, there has been inordinate delay in the application for restoration made by the petitioner for restoration of land. Admittedly, land was sold in the year 1947 and the application for restoration was made in the year 2007 after a lapse of around 60 years. As per the ratio laid by the Hon'ble Apex Court in NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER reported in (2020) 14 SCC 232,
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HC-KAR NC: 2026:KHC:32121 WP No. 19188 of 2026
the application ought not to have been entertained by respondent No.3 - Assistant Commissioner. However, the same has been erroneously allowed by the Assistant Commissioner, which has been rectified by respondent No.2-Deputy Commissioner by allowing the appeal filed by the purchaser. 4. The impugned order is dated 30.08.2012. There is an inordinate delay in challenging the same by filing the present writ petition which is filed in the year 2026. The said delay is also not explained. 5. For the aforementioned reasons, writ petition is hereby dismissed on the ground of delay and laches. Sd/- (M.I.ARUN) JUDGE
GPG List No.: 1 Sl No.: 7