- 1 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1711 OF 2026 (SC-ST) BETWEEN: 1. K.M. ANJINAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 71 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562 110 …APPELLANT (BY SRI SAIPRAKASH V. SURYAVANSHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING DR.AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY REVENUE SECRETARY 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT D.C.OFFICE 1ST FLOOR, BEERASANDRA VILLAGE KUNDANA HOBLI Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA BENGLAURU RURAL DISTRICT - 561 203 4. SRI FIROZ PASHA S/O LATE ANWAR AGED 42 YEARS R/AT NO.48, 3RD CROSS NIJAMUDDIN AMOHALLA BABA LANE MYSORE ROAD BENGLAURU - 560 002 REP. BY THEIR GPA HOLDER C.V.MANJUNATH (AUTHORISED DIRECTOR M/S. TELECOM EMPLOYEES CO-OPERATIVE SOCIETY LTD.) S/O LATE VENKATANARASHIMHAIAH AGED 68 YEARS R/AT NO.1ST FLOOR NEHARUNAGAR MAIN ROAD SESHADRIPURAM BENGALURU - 560 020 5. SRI.MOHAMMED SIDIQ PASHA S/O LATE ANWAR AGED 40 YEARS R/AT NO.48, 3RD CROSS NIJAMUDDIN AMOHALLA BABA LANE MYSORE ROAD BENGLAURU - 560 002 REP. BY THEIR GPA HOLDER C.V.MANJUNATH (AUTHORISED DIRECTOR M/S. TELECOM EMPLOYEES - 3 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 CO OPERATIVE SOCIETY LTD.) S/O LATE VENKATANARASHIMHAIAH AGED 68 YEARS R/AT NO.1ST FLOOR NEHARUNAGAR MAIN ROAD SESHADRIPURAM BENGALURU - 560 020 6. SRI SAR KANTHI PROPERTIES LLP A LLP PARTNERSHIP FIRM REGD. VIDE LLP IN ABZ 3696 (EARLIER M/A KANTHI PROPERTIES A REGD. PARTNERSHIP FIRM) OFFICE AT NO.13/1, 2ND FLOOR G BLOCK, SHAKARA NAGAR BENGALURU - 560 092 REPRESENTED BY ITS AUTHORIZED PARTNER SRI M. CHANDRASHEKAR S/O LATE M. PULLAMARAJU 7. SMT. KEMPAMMA W/O LATE K.M.RAMAIAH AGED 57 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 8. SMT. USHA D/O LATE K.M.RAMAIAH AGED 40 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 - 4 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 9. SRI SUNIL KUMAR R S/O LATE K.M. RAMAYYA AGED 34 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 10. SRI C.V. MANJUNATHA AUTHORISED DIRECTOR M/S. TELECOM EMPLOYEES CO OPERATIVE SOCIETY LTD. S/O LATE VENKATANARASHIMHAIAH AGED 68 YEARS R/AT NO.1ST FLOOR NEHARUNAGAR MAIN ROAD SESHADRIPURAM BENGALURU - 560 020 11. SMT. MUNIYAMMA ALIAS MANJULA W/O. VENKATESH D/O. LATE MUNISHAMAPPA AGED 61 YEARS R/AT No.458, M.S. RAMAIAH ENCLAVE 8TH MILE, NAGASANDRA POST DASARAHALLI BENGALURU - 560 057 12. SMT. M. PAVITHRA D/O. LATE K.V. MUNIYAPPA AGED 50 YEARS 13. SRI KIRANKUMAR S/O. LATE K.V. MUNIYAPPA AGED 48 YEARS - 5 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 14. SMT. M. MANJULA D/O. LATE K.V. MUNIYAPPA AGED 45 YEARS RESPONDETN No.12 TO 14 ARE R/AT No. 2269, MIG, 3RD STAGE YELAHANKA SATILITE TOWN BENGALURU - 560 064 15. SRI K.V. LAKSHMAIAH S/O. CHIKKOBAIAH AGED 62 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI DEVANHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 16. SRI NAVEEN KUMAR S/O. LATE K.M. RAMIAH AGED 39 YEARS R/AT KEMPATHIMMANAHALLI VILLAGE KASABA HOBLI DEVANHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R-1 TO R-3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 26.07.2023 IN W.P. No.7694/2023 & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the above-captioned appeal impugning an order dated 26.07.2023 passed by the learned Single Judge in WP.No.7694/2023 (SC-ST). The appellant is the 7th respondent in the said petition and claims to be the legal heir of the original grantee, Sri. Munishamappa, who had acquired the land measuring 4 acres situated in Survey No.9, New Survey No.90 of Kempathimmanahalli Village, Kasba Hobli, Devanahalli Taluk in terms of an order dated 10.11.1955 passed by the Special Deputy Commissioner. The Saguvalli Chit was also issued to Sri. Munishamappa. Sri. Munishamappa subsequently sold the subject property by a registered sale deed dated 24.10.1987. After his demise, the appellant had instituted proceedings before the Assistant Commissioner for resumption of the subject land on the ground that the alienation is in violation of Section 5 of the - 7 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act]. 2. The Assistant Commissioner declared the sale deed as void and passed an order for resumption of land. The purchasers (respondent Nos.4 and 5) had filed an appeal before the Deputy Commissioner, which was dismissed by an order dated 06.02.2023. Aggrieved by the same, the writ petitioners filed a writ petition. The learned Single Judge had found that the subject land was sold in an auction and the grantee had purchased the same. Thus, the PTCL Act was not applicable. Additionally, the learned Single Judge held that the application for resumption of land had been filed after an inordinate delay of 19 years after the subject land had been sold. In view of the above, the writ petition was dismissed. 3. The present appeal has been filed after a delay of 1046 days. The appellant has also filed an application seeking condonation of delay. However, a plain reading of the said application indicates that there are no grounds explaining the delay. - 8 - HC-KAR CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 4. In view of the above, we are not persuaded to accede to the prayer for condonation of delay. The application seeking condonation of delay is rejected. Consequently, the appeal is rejected as well. 5. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 22