- 1 - HC-KAR NC: 2026:KHC:34783 WP No. 10614 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10614 OF 2024 (SC/ST) BETWEEN: KRISHNABOVI S/O LATE THIMMA BOVI AGED ABOUT 70 YEARS R/AT EMMEKOPPALU VILLAGE HUNASURU TALUK, HUNASURU MYSURU DISTRICT - 571 105 …PETITIONER (BY SRI. SANCHAN JAI NANDAN., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 570 001. 2. THE ASSISTANT COMMISSIONER HUNASURU SUB-DIVISION HUNASURU TALUK MYSURU - 571 105. 3. LAKSHMI D/O CHANDRABOVI AGED: MAJOR, R/AT NO.4/103 4th CROSS, JANATHA LAYOUT J.P.NAGAR, MYSURU - 570 031. …RESPONDENTS (BY SMT. SHARADA H.V., AGA FOR R1 AND R2; SMT. USHA M.S., ADVOCATE FOR R3 (ABSENT)) Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34783 WP No. 10614 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.01.2024 PASSED BY R-1 THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU IN CASE NO.P.T.C.L.18/2021 PRODUCED AT ANNEXURE-A CONSEQUENTLY CONFIRMING THE ORDER DATED 16.11.2021 PASSED BY R-2 IN PTCL.4/2011-12 PRODUCED AT ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The land in question was granted to the father of respondent No.3 on the ground that he belongs to Scheduled Caste and Scheduled Tribe in the year 1980. The same was sold in favour of the petitioner in the year 1996 after the lapse of the non-alienation period, but without obtaining the necessary Government permission. It was challenged for the first time in the year 2011 by filing an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act'). The second respondent-Assistant Commissioner allowed the said application. Against the same, the first respondent-Deputy Commissioner passed an order remanding the matter back to the second respondent by setting aside the - 3 - HC-KAR NC: 2026:KHC:34783 WP No. 10614 of 2024 earlier order passed by second respondent. Thereafter, the second respondent has heard the matter and dismissed the application filed under Section 5 of the PTCL Act. However, on an appeal filed by respondent No.3, the first respondent has allowed the appeal and has ordered for resumption and restoration of the land in favour of respondent No.3. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, after the period of non alienation the land has been sold in his favour and there has been an inordinate delay in challenging the said alienation. The delay of 15 years in challenging the said alienation is unreasonable and is unexplained and the first respondent ought not to have entertained the appeal filed by respondent No.3. He places reliance upon the orders passed by the Apex Court in NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER1 and also by this Court in W.P. No.3597/2018. 3. Counsel for respondent No.3 is absent. 4. Learned Additional Government Advocate though 1 (2020) 14 SCC 232 - 4 - HC-KAR NC: 2026:KHC:34783 WP No. 10614 of 2024 justifies the impugned order passed by respondent No.1, is unable to dispute the fact that there has been an unreasonable delay of 15 years in challenging the sale and such a challenge is hit by the order of the Apex Court in NEKKANTI RAMA LAKSHMI, supra and this Court in W.P. No.3597/2018. 5. For the aforementioned reasons, the writ petition deserves to be allowed. Hence, the following: ORDER i) The writ petition is allowed. ii) The impugned order dated 02.01.2024 bearing No.PTCL.18/2021 passed by respondent No.1 vide Annexure-A to the writ petition is hereby set-aside. iii) The order dated 16.11.2021 passed by respondent No.2 (vide Annexure-F to the writ petition) dismissing the application filed by respondent No.3 is upheld. Sd/- (M.I.ARUN) JUDGE CHS List No.: 1 Sl No.: 47