- 1 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 35116 OF 2024 (SC/ST) BETWEEN: 1. SRI. SRINIVASA REDDY S/O RUDRAPPA, AGED ABOUT 57 YEARS R/AT NO.3M-683, 3RD CROSS, BANASWADI, BENGALURU - 560 043. …PETITIONER (BY SRI. NANJA REDDY P.N.,ADVOCATE) AND: 1. DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101 2. ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR 563101 3. SRI D.M.VIJAY KUMAR, S/O LATE MUNIYAPPA, AGE: MAJOR, R/AT DIMMASOMANAHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK-563101. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 …RESPONDENTS (BY SRI.BHAIRAV KUTTAIAH., AGA FOR R1 AND R2; R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASHING THE ORDER DATED 15.03.2024 PASSED IN LND/SC.ST NO.14/2022 PASSED BY THE 2ND RESPONDENT (ANNEXURE-E) AND THE ORDER DATED 12.12.2024 PASSED IN PTCL/09/2024 PASSED BY THE 1ST RESPONDENT (ANNEXURE-G) AS THE SAME ARE ILELGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF LAW AND CONTRARY TO THE PROVISIONS OF THE KARNATAKA SCHEDULE CASTE AND SCHEDULE TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The land which is the subject matter of the writ petition was granted in favour of the original grantee in the year 1974. He belonged to the Scheduled Caste / - 3 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 Scheduled Tribe Community. It was sold for the first time in the year 1995. Presently, the petitioner is the owner of the property. Respondent No.3 is the legal heir of the original grantee. Respondent No.3, for the first time, preferred an application 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, after a lapse of 27 years. Respondent No.2 - the Assistant Commissioner has allowed the application and has ordered for resumption and restoration of the land in favour of the legal heirs of the original grantee. The appeal preferred by the petitioner has been dismissed by respondent No.1 - the Deputy Commissioner. Aggrieved by the same, the present writ petition is filed. 2. Respondent No.3 though served has remained unrepresented. - 4 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 3. The learned Additional Government Advocate appearing for respondent Nos.1 and 2 justifies the impugned orders and prays for dismissal of the writ petition. 4. The only question that arises for consideration is, whether there has been any unreasonable delay on the part of respondent No.3 in preferring the application under Section 5 of the PTCL Act. 5. Admittedly, the land was sold in the year 1995 and the application filed under Section 5 of the PTCL Act was made in the year 2022. The delay of 27 years has not been satisfactorily explained by respondent No.3. Under the given peculiar facts and circumstances of the case, the delay has to be considered unreasonable. 6. The Hon'ble Apex Court in the case of 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 - 5 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 Mohan v. State of Karnataka and Others in W.P.No.3597/2018, has held that any unreasonable delay in making the application under Section 5 of the PTCL Act becomes fatal. Hence, the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned order dated 15.03.2024 bearing No. ಎ ಎ /ಎ .ಎ /14/2022 passed by respondent No.2 - the Assistant Commissioner vide Annexure - E to the writ petition is hereby set aside. iii. The impugned order dated 12.12.2024 bearing Case No. ...ಎ./09/2024 passed by respondent No.1 - the Deputy Commissioner vide Annexure - G to the writ petition is hereby set aside. - 6 - HC-KAR CNR: KAHC010745532024 NC: 2026:KHC:39516 WP No. 35116 of 2024 iv. The application filed under Section 5 of the PTCL Act filed by respondent No.3 before respondent No.2 - the Assistant Commissioner stands dismissed. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 44