- 1 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 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.15097 OF 2021 (SC/ST) BETWEEN: 1. DHANRAJA S/O LATE NINGANNA, AGED ABOUT 33 YEARS, 2. MANJUNATH S/O LATE NINGANNA, AGED ABOUT 26 YEARS, 3. PUTTANNA @ LARIYANNA S/O LATE KARIYAPPA, AGED ABOUT 65 YEARS, 4. KENGAPPA S/O LATE KARIYAPPA, AGED ABOUT 63 YEARS, 5. THIMMAIAH S/O LATE KARIYAPPA, AGED ABOUT 60 YEARS, 6. SHIVANNA S/O LATE KARIYAPPA, AGED ABOUT 55 YEARS, 7. KRISHNAPPA S/O LATE KARIYAPPA, AGED ABOUT 50 YEARS, 8. NINGAPPA S/O LATE KARIYAPPA, AGED ABOUT 47 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 ALL ARE AGRICULTURIST, R/O. HULUGALAKUNTE VILLAGE, HIRIYUR TALUK - 572 143, CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501. 2. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501. 3. VENKATAREDDY DEAD BY HIS LRS RESPONDENT NOS.4 TO 7 4. JAYRAMAPPA S/O LATE SUBBA BHOVI, AGED ABOUT 45 YEARS, 5. CHANDRAPPA S/O LATE SUBBA BHOVI, AGED ABOUT 42 YEARS, 6. RANGASWAMY S/O LATE SUBBA BHOVI, AGED ABOUT 40 YEARS, 7. GIRISH S/O LATE SUBBA BHOVI, AGED ABOUT 35 YEARS, ALL ARE AGRICULTURIST, - 3 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 R/O. HULUGALAKUNTE VILLAGE, HIRIYUR TALUK - 572 143, CHITRADURGA DISTRICT. …RESPONDENTS (BY SMT. SHARADA H.V., AGA., FOR R.1 AND R.2; SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R.3 TO R.7; VIDE ORDER DATED 08.08.2023 R.4 TO R.7 ARE TREATED AS LR'S OF R.3.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 DEPUTY COMMISSIONER CHITRADURGA IN SCPTL(A)-10/2015-16 DATED 10.2.2021 VIDE ANNEXURE-G AND ORDER PASSED BY THE RESPONDENT NO.2 IN SCPTL:HYR:03/2009-2010 DATED 25.08.2015 VIDE ANNEXURE-B TO THE WRIT PETITION, ETC. THIS PETITION COMING ON FOR HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 ORAL ORDER The land which is the subject matter of the writ petition was allotted in favour of the original grantee in the year 1956 on the ground that he belonged to a Scheduled Caste/Scheduled Tribe Community. The same has been sold in the year 1970 in contravention of non-alienation conditions. It was challenged by respondent Nos.3 to 7, the legal representatives of the original grantee in the year 2008 before respondent No.2 by preferring an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act') after a lapse of 38 years. The same was allowed by respondent No.2-Assistant Commissioner and ordered for resumption and restoration of land in favour of legal heirs of the original grantee. The petitioners who are the purchasers of the said land preferred an appeal before respondent No.1-Deputy Commissioner which came to be dismissed. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that there is an inordinate, unexplained and unreasonable delay of 38 years in challenging the same and by virtue of the ratio laid down by the Hon'ble - 5 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 Apex Court in Nekkanti Rama Lakshmi v. State of Karnataka and Another reported in (2020) 14 SCC 232 and this Court in W.P.No.3597/2018, the impugned orders are liable to be set aside. 3. Learned AGA for respondent Nos.1 and 2, though justifies the impugned orders, is unable to contravene the fact that the challenge was made after a lapse of 38 years and the same are in violation of the ratio laid down by the Hon'ble Apex Court in Nekkanti Rama Lakshmi v. State of Karnataka and Another reported in (2020) 14 SCC 232 as well as the decision of this Court in the case of R.Suresh Mohan v. State of Karnataka and others in W.P.No.3597/2018. 4. Hence, the following: ORDER (i) The writ petition is allowed; (ii) The impugned order dated 10.02.2021 bearing no.SCPTL(A)-10/2015-16 vide Annexure-G to the writ petition, passed by respondent No.1 is hereby set aside and the impugned order dated 25.08.2015 bearing no.SCPTL:H.Y.R/03/2009-10 vide Annexure- - 6 - HC-KAR NC: 2026:KHC:34800 WP No. 15097 of 2021 B to the writ petition, passed by respondent No.2 is hereby set aside; (iii) The application filed by respondent nos.3 to 7 before respondent no.2 under Section 5 of the PTCL Act is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 69