- 1 - HC-KAR CNR: KAHC010059432025 NC: 2026:KHC:36880 WP No. 3562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 3562 OF 2025 (SC/ST) BETWEEN: SRI. DAMODHAR REDDY S/O SUBBARAMAIAH REDDY AGED ABOUT 64 YEARS R/AT FLAT NO 28-1-58 5TH LINE, SHANTHINAGARA N.R. PETE YALLURU, ANDRA PRADESH STATE - 533 402. …PETITIONER (BY SRI. RAMAMURTHY H.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S.BUILIDNG, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA, CHIKKABALLAPURA DIST - 562 101. 3. THE ASST. COMMISSIONER CHIKKABALLAPURA SOUTH SUB -DIVISION CHIKKABALLAPURA - 562 101. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010059432025 NC: 2026:KHC:36880 WP No. 3562 of 2025 4. SMT. NEELAMMA W/O KRISHNAREDDY AGED ABOUT 55 YEARS R/AT HOSATHIPPASANDRA VILLAGE BENGALURU SOUTH TALUK BENGALURU - 560 007. 5. SRI. MUNIYAPPA.C @ AK MUNIYAPPA S/O LATE CHOWDAPPA AGED ABOUT 65 YEARS AMBIGANAHALLI VILLAGE JANGAMAKOTE HOBLI SIDLAGHATT TALUK CHIKKABALLAPURA DISTRICT - 5602101. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. THAMMAIAH, ADVOCATE FOR R5 (ABSENT); VIDE ORDER DATED 17.07.2026, NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT AT CHIKKABALLAPURA ORDER DATED 16.12.2024 IN SC ST (APPEAL) NO. 16/2020-21 RESPONDENT NO.2 ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR CNR: KAHC010059432025 NC: 2026:KHC:36880 WP No. 3562 of 2025 ORAL ORDER The land which is the subject matter of the writ petition was granted in favour of the forefather of respondent No.5, who belonged to the Scheduled Caste/Scheduled Tribe community, in the year 1979. The land was sold in the year 1994. An application challenging the sale under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the PTCL Act') has been filed in the year 2013. Respondent No.3 - the Assistant Commissioner has dismissed the said application on the ground of delay. However, the appeal preferred by respondent No.5 came to be allowed by respondent No.2 - the Deputy Commissioner. Aggrieved by the same, the petitioner, who is the purchaser of the land has preferred the present writ petition. 2. The case of the petitioner is that there is an unreasonable delay of 19 years in filing the application - 4 - HC-KAR CNR: KAHC010059432025 NC: 2026:KHC:36880 WP No. 3562 of 2025 under Section 5 of the PTCL Act, and respondent No.2 - the Deputy Commissioner ought not to have entertained the same. On the said ground, he prays for allowing the writ petition. 3. The learned counsel appearing for respondent No.5 is absent. 4. The learned Additional Government Advocate, though justifies the impugned order is not in a position to contravene the fact that there has been an unreasonable delay of 19 years in challenging the sale by making the necessary application under Section 5 of the PTCL Act by respondent No.5. 5. As per the ratio laid down by 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 Mohan v. State of Karnataka and Others in W.P.No.3597/2018, when there is an unreasonable - 5 - HC-KAR CNR: KAHC010059432025 NC: 2026:KHC:36880 WP No. 3562 of 2025 delay in challenging the sale, any application made under Section 5 of the PTCL Act requires to be dismissed. Hence, the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned order bearing No.ಆಎ/ಎ .ಎ /16/2020-21 dated 16.12.2024, passed by respondent No.2 - the Deputy Commissioner vide Annexure - A to the writ petition, is hereby set aside. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 25