- 1 - HC-KAR CNR: KAHC010454192026 NC: 2026:KHC:36668 WP No. 20508 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.20508 OF 2026 (SC/ST) BETWEEN: 1. SMT. SONA BAI W/O PAPA NAIKA, AGED ABOUT 56 YEARS, R/AT NEAR VEERABHADRESHWARA TEMPLE, MALIIGENAHALLI TANDA, WARD NO.35, SHIVAMOGGA-577 201. …PETITIONER (BY SRI. N.S. BHAT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIMOGGA DISTRICT, SHIMOGGA-577 201. 2. THE ASSISTANT COMMISSIONER, SUB DIVISIONAL MAGISTRATE, SHIVAMOGGA-577 201. 3. RAVINDRA CHODHARI MANNE, S/O SRI LAKSHMINARAYANA @ M. LAKSHMINARAYANA REDDY, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010454192026 NC: 2026:KHC:36668 WP No. 20508 of 2026 R/AT NO.15, 1ST CROSS ROAD, SARJAPUR ROAD, BELANDUR MAIN ROAD, AMBALIPURA VILLAGE, BENGALURU-560 102. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 & R.2; VIDE ORDER DATED 17.07.2026 NOTICE TO R.3 IS DISPENSED WITH.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 26.02.2026 IN CASE NO.PTCL/28/2025 PASSED BY THE DEPUTY COMMISSIONER, RESPONDENT NO.1 AS PER ANNEXURE-J AND ALSO TO QUASH AN IMPUGNED ORDER DATED 24.01.2025 IN CASE NO.PTCL/CR 36/2022 PASSED BY THE ASSISTANT COMISSIONER, SHIVAMOGGA-RESPONDENT NO.2 AS PER ANNEXURE-K AND CONSEQUENTLY TO ALLOW THE PETITION PTCL NO.36/2022-23 AS PER ANNEXURE-F AS PRAYED FOR BY THE PETITIONER. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010454192026 NC: 2026:KHC:36668 WP No. 20508 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that the land, which is the subject matter of the present writ petition, was granted to her father, who belonged to the Scheduled Caste/Scheduled Tribe community. It is contented that the grant was made in the year 1963. It is further contended that the sale was made in the year 1967 in violation of the grant conditions. It is further submitted that the petitioner challenged the sale for the first time under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL Act') in the year 2022, and the same came to be dismissed on the ground that the petitioner did not produce the original grant certificate. Aggrieved by the said order, the petitioner preferred an appeal before the first respondent - Deputy Commissioner, which also came to be dismissed. Aggrieved by the same, the present writ petition is filed. - 4 - HC-KAR CNR: KAHC010454192026 NC: 2026:KHC:36668 WP No. 20508 of 2026 2. The case of the petitioner is that the RTC extract reflects that the land was granted in her father's name. It is contended that the petitioner was not able to produce the grant certificate because the same had been misplaced or lost and that cannot be a ground for rejecting her claim. However, the petitioner is not in a position to explain the inordinate delay of 55 years in challenging the sale which was made in the year 1967. 3. Under the given facts and circumstances of the case, the delay of 55 years in challenging the sale, even presuming that the land was granted in favour of the petitioner's father, has to be considered unreasonable. When there is an unreasonable delay as per 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 R.Suresh Mohan v. State of Karnataka and Others in W.P.No.3597/2018, an application under Section 5 of the PTCL of the Act is liable to be rejected. - 5 - HC-KAR CNR: KAHC010454192026 NC: 2026:KHC:36668 WP No. 20508 of 2026 4. For the aforementioned reasons, the writ petition stands dismissed. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 1