- 1 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18836 OF 2015 (SCST) BETWEEN: 1. SMT. PADMAVATHAMMA, W/O LATE VENKATARAO, AGED ABOUT 48 YEARS, 2. SRI. N. SURESH, S/O LATE VENKATARAO, AGED ABOUT 23 YEARS, 3. SRI. VENKATESH, S/O LATE VENKATARAO, AGED ABOUT 26 YEARS, ALL ARE RESIDENT OF KABBALA CAMP, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 544. …PETITIONERS (BY SRI. A. NAGARAJAPPA., ADVOCATE) AND: 1. SMT. RATHANAMMA, W/O B. JAYAPPA, AGED MAJOR, RESIDENT OF HOLEHANASVADI VILLAGE, SHIMOGA TALUK, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 SHIMOGA DISTRICT. 2. 2(a) SMT. SHARADAMMA, SINCE DEAD, BY HER LR'S SRI.RAJU, S/O LATE P.NAGESHAPPA, AGED MAJOR, 2(b) SMT.ABINAYA, D/O LATE P.NAGESHAPPA, AGED MAJOR, 2(c) SMT.RANJITHA, D/O LATE P.NAGESHAPPA, W/O SRI.JAYAPPA, AGED MAJOR, RESPONDENT NO.2(a), 2(b) AND 2(c) ARE RESIDING AT - HOLEHANSAVADI VILLAGE, SHIMOGA TALUK, SHIMOGA DISTRICT. 3. SMT. ANJAMMA @ ANJINAMMA, W/O JAGADISH, AGED MAJOR, RESIDENT OF C/O THIMMAPPA, KESAVAPURA VILLAGE, BHADRAVATHI TALUK, SHIMOGA DISTRICT. 4. SMT. D.K.KARIBASAMMA, - 3 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 W/O H. ANANDA, AGED MAJOR, RESIDENT OF NO.3714/108, BEHIND RAMAKRISHNA ASHRAMA, MCCA BLOCK, DAVANAGERE. 5. SRI. D.K.PALAKSHAPPA, S/O KRISHNAPPA, AGED MAJOR, RESIDENT OF NO.3714/108, BEHIND RAMAKRISHNA ASHRAMA, MCCA BLOCK, DAVANAGERE. 6. SMT. SAKAMMA, W/O H. UMESH, AGED MAJOR, RESIDENT OF KALMANE, CHOWDIHALLI POST, SHIKARIPURA TALUK, SHIMOGA DISTRICT. 7. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE. 8. THE ASSISTANT COMMISSIONER, DAVANAGERE. …RESPONDENTS (BY SRI.BHAIRAV KUTTAIAH, AGA FOR R7 AND R8; SRI.S.V.PRAKASH, ADVOCATE FOR R4; R1, R2(A,B,C), R3, R5, R6 ARE SERVED AND UNREPRESENTED) - 4 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.4.2015 PASSED BY THE R-7 VIDE ANN-A; GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DATED 17.4.2015 PASSED BY THE R-7 VIDE ANN-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The land which is the subject matter of the writ petition was granted in favour of the original grantee in the year 1950. He belonged to Scheduled Caste/Scheduled Tribe community. It was sold in the year 1995 without obtaining necessary permission from the Government as contemplated under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL' Act). Aggrieved by the same, an application under Section 5 of the PTCL Act, was preferred by the legal representatives of the original grantee in the year 2010. The 8th respondent- Assistant Commissioner, dismissed the application. Aggrieved - 5 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 by the same, an appeal was preferred before the 7th respondent- Deputy Commissioner, who has allowed the appeal and has ordered for resumption and restoration of the land in favour of the legal representatives of the original grantee. Aggrieved by the same, the legal representatives of the purchasers have preferred this Writ Petition. 2. The case of the petitioners is that, there is an unreasonable delay on the part of the legal representatives of the original grantee in challenging the sale deed executed in the year 1995 and inspite of it, the 7th respondent has erroneously allowed the appeal filed by them. 3. Per contra, learned Additional Government Advocate as well as other respondents justify the impugned orders and pray for dismissal of the writ petition. 4. The only question that arises herein is, Whether there has been an unreasonable delay on the part of the legal representatives of the original grantee in making an application under Section 5 of the PTCL Act, challenging the sale deed executed in the year 1995. - 6 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 5. Admittedly, the sale has been made in the year 1995 and an application under Section 5 of the PTCL Act, has been filed only in the year 2010, after the lapse of 15 years. The said delay of 15 years is unexplained by the legal representatives of the original grantee. Thus, under the given facts and circumstances of the case, the said delay of 15 years has to be treated as unreasonable. The Hon'ble Apex Court in NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER1 as well as the decision of this Court in the case of R. SURESH MOHAN VS. STATE OF KARNATAKA AND OTHERS in W.P. No.3597/2018, has held that any unreasonable delay on the part of the grantee/his legal representatives in challenging the sale becomes fatal to their case. Under the circumstances, the impugned order is liable to be set aside. Hence the following: ORDER (i) The Writ Petition is hereby allowed. 1 (2020) 14 SCC 232 - 7 - HC-KAR CNR: KAHC010252782015 NC: 2026:KHC:39178 WP No. 18836 of 2015 (ii) The impugned order dated 17.04.2015 bearing No.PTCL/CR-34/2011-12 passed by respondent No.7-Deputy Commissioner, Davanagere, vide Annexure - A to the writ petition, is hereby set aside. SD/- (M.I.ARUN) JUDGE tsn* List No.: 1 Sl No.: 26