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2026 DAILYLAW 31752 (KAR)

SMT. CHIKKABANDAMMA v. THE STATE OF KARNATAKA

WP/19035/2026 · 2026-07-08

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34213 WP No. 19035 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19035 OF 2026 (SC/ST) BETWEEN: 1. SMT. CHIKKABANDAMMA ALIAS CHIKKA MADAMMA, AGED ABOUT 73 YEARS W/O LATE SANANINGAIAH R/AT NO.435, KALAMMANA BEEDI, P. HOSAHALLI VILLAGE AND POST. SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 438. …PETITIONER (BY SRI. B.S. NAGARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHAAN SOUDHA, DR. B.R. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA MANDYA DISTRICT - 571 434. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34213 WP No. 19035 of 2026 3. THE THASILDAR SRIRANGAPATNA TALUK SRIRANGAPATNA MANDYA DISTRICT - 571 438 …RESPONDENTS (BY SMT. SHARADA H.V., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER, DIRECTING THE RESPONDENT NO.2, THE ASSISTANT COMMISSIONER, TO CONSIDER THE APPLICATION DATED 03.03.2026 FOR RESTORING THE LAND MADE UNDER THE PROVISIONS OF SECTION 5 OF THE KARNATAKA SC AND ST (PROHIBITIONS OF TRANSFER OF CERTAIN LANDS ACT, 1978. 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 According to the petitioner, the land was granted to her husband, as he belonged to the Scheduled Castes / Scheduled Tribes Community in the year 1963 and that he - 3 - HC-KAR NC: 2026:KHC:34213 WP No. 19035 of 2026 sold the property in the year 1994. Thereafter, he has made an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, before respondent No.2 for resumption and restoration of the land in the year 2025. As the case has not been taken up by respondent No.2, the present writ petition is filed with the following prayers: "i) Issue a writ in the nature of Mandamus or any other appropriate Writ or order, directing the Respondent No.2, - The Assistant Commissioner, to consider the Application dated 03.03.2026 for restoring the land made under the Provisions of Section 5 of the Karnataka SC and ST (Prohibitions of transfer of certain Lands Act, 1978. Copy submitted at Annexure-A. & one more representation dated, 17.04.2026, copy submitted at Annexure-A1, and ii) Pass such other order or orders as this Hon'ble court may deem fit to grant in the circumstances of the case ii) And allow this writ petitions in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:34213 WP No. 19035 of 2026 2. Admittedly, the land was sold in the year 1994 and the same is challenged after lapse of 31 years. The inordinate delay is not explained in the writ petition. 3. Under the circumstances, the challenge to the alienation has to be considered not to have been done within the reasonable period and the same is hit by the judgment of the Hon'ble Apex Court in NEKKANTI RAMA LAKSHMI VS. 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, disposed of on 06.07.2026. 4. For the said reason, the Writ Petition stands dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 12