- 1 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 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.4011 OF 2024 (SC-ST) BETWEEN: 1. SRI DEVEGOWDA H M AGED 82 YEARS, S/O MALLEGOWDA, HACHAGODANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK - 573219. 2. MANJEGOWDA H M AGED 80 YEARS, S/O MALLEGOWDA, HACHAGODANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK - 573219 PETITIONER NO.2 IS PRESENTLY RESIDING AT MAHANAVAMI MANTAPA, SALAGAME ROAD, HASSAN - 573201. …PETITIONERS (BY SRI. RAVISHANKAR A., ADVOCATE) AND: 1. STATE OF KARNATAKA Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 of 2024 DEPARTMENT OF REVENUE, M S BUILDING, BANGALORE - 560001 REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573201. 3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN-573201. 4. SRI KRISHNAIAH AGED MAJOR, S/O BORAIAH, HACHAGODANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK - 573219. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.3; SRI. PRASANNA B.R., ADVOCATE FOR R.4.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, HASSAN, DATED 10.10.2023 IN PTCL NO.12/2015-16, VIDE ANNEXURE-A AND CONFIRMING THE ORDER PASSED BY THE RESPONDENT NO.3-ASSISTANT COMMISSIONER, HASSAN SUB-DIVISION, HASSAN, DATED 29.07.2015 IN LND/SC/ST HSN 2/11-12 VIDE ANNEXURE-B, ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 of 2024 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 1957 with a condition that the same should not be alienated for a period of 15 years. After the lapse of 15 years, the land has been sold in the year 1975. Presently, the petitioners are the owners of the property. Respondent No.4 is the legal heir of the original grantee. He has preferred an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ("the PTCL Act") for the first time in the year 2010. The third respondent - Assistant Commissioner dismissed the application holding that the land had been alienated after expiry of non-alienation period. However, on an appeal, the second respondent - Deputy Commissioner, reversed the same and has passed an order for resumption and restoration of the land. Aggrieved by the same, the present writ petition is filed by the purchasers. - 4 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 of 2024 2. The case of the petitioners is that the sale was made after the expiry of the non-alienation period and before the commencement of the PTCL Act. Hence, there is no violation of the provisions of the PTCL Act and the impugned order passed by respondent No.2 is erroneous. He further submits that even otherwise, there has been an inordinate delay of 31 years since the Act came into force and 35 years delay from the date of sale in filing the application by respondent No.4 and the same ought to have been rejected by the second respondent. On the said grounds, it is prayed that the writ petition be allowed. 3. Learned AGA appearing for respondent Nos.1 to 3 as well as learned counsel appearing for respondent No.4 justify the impugned order and pray for dismissal of the writ petition. 4. It is not in dispute that the land was granted in the year 1957 with a condition that it should not be sold for a period of 15 years. After the lapse of 15 years, in the year 1975, the land has been sold. The PTCL Act came into force on 01.01.1979. 5. Section 4 of the PTCL Act reads as under:- - 5 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 of 2024 "4. Prohibition of transfer of granted lands. - (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or Sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer. (2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. (3) The provisions of Sub-sections(1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority." 6. As the land has been sold after the expiry of the non- alienation period, there is no violation of Section 4(1) of the PTCL Act. Section 4(2) of the PTCL Act has no retrospective effect, and the transaction had already taken place prior to the commencement of the Act. There is no violation of the provisions of the PTCL Act itself and for that reason, the impugned order is liable to be set aside. - 6 - HC-KAR CNR: KAHC010073982024 NC: 2026:KHC:39571 WP No. 4011 of 2024 7. Further, there has been an inordinate delay in challenging the sale transaction. On that account also, the application made under Section 5 of the PTCL Act is not maintainable. Hence, the following:- ORDER i. The writ petition is allowed. ii. The impugned order dated 10.10.2023 bearing No No.¦.n.¹.J¯ï.12/2015-16 passed by respondent No.2 is hereby set aside. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 20