- 1 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.4241 OF 2025 (SC-ST) BETWEEN: 1. THIMMAKKA W/O KEMPASIDDAIAH AGED ABOUT 75 YEARS R/AT M.GOPAHALLI VILLAGE M.G.PALYA POST (MANCHEGOWDANAPALYA) BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. 2. SRI. KUMAR S/O KEMPASIDDAIAH AGED ABOUT 49 YEARS R/AT M.GOPAHALLI VILLAGE M.G.PALYA POST (MANCHEGOWDANAPALYA) BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. 3. SMT. SIDDAMMA W/O NARASIMAIAH D/O KEMPASIDDAIAH AGED ABOUT 67 YEARS R/AT M. GOLAHALLI VILLAGE HOSUR POST, BIDADI HOBLI RAMANAGARA TALUK AND DISTRICT-562 109. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 4. SMT. GOWRAMMA W/O LATE VENKATAGIRIYAPPA D/O KEMPASIDDAIAH AGED ABOUT 62 YEARS R/AT M. GOPAHALLI VILLAGE M.G.PALYA POST (MANCHEGOWDANAPALYA) BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. 5. SMT. JAYAMMA W/O LATE RAMAKRISHNAPPA D/O KEMPASIDDAIAH AGED ABOUT 54 YEARS R/AT M. GOPAHALLI VILLAGE M.G. PALYA POST (MANCHEGOWDANAPALYA) BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. 6. SMT. GEETHA W/O NAGARAJU D/O KEMPASIDDAIAH AGED ABOUT 47 YEARS KOLLIGANAHALLI VILLAGE HAROHALLI HOBLI RAMANAGARA TALUK AND DISTRICT-562 112. 7. SMT. KEMPAMMA W/O LATE HOTTAIAH @ HULISIDDAIAH ALIAS VATTAPPA AGED ABOUT 61 YEARS, 8. SRI. SHIVAKUMAR G.H. S/O LATE HOTTAIAH @ HULISIDDAIAH ALIAS VATTAPPA AGED ABOUT 38 YEARS 9. SMT. THAYAMMA D/O LATE HOTTAIAH @ HULISIDDAIAH - 3 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 ALIAS VATTAPPA AGED ABOUT 44 YEARS, 10. SRI. SIDDARAJU G.H. S/O LATE HOTTAIAH @ HULISIDDAIAH ALIAS VATTAPPA AGED ABOUT 42 YEARS PETITIONER NOS.7 TO 10 ARE R/AT M. GOPAHALLI VILLAGE M.G.PALYA POST (MANCHEGOWDANAPALYA) BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-562 109. …PETITIONERS (BY SRI. M.S. VARADARAJAN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562 109. 2. THE ASST. COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA-562 109. 3. TAHSILDAR RAMANAGARA TALUK RAMANAGARA-562 109. 4. SMT. LAKSHMAMMA W/O LATE CHOWDAIAH - 4 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 5. SRI. BORAIAH S/O LATE CHOWDAIAH 6. SRI. SIDDANNA S/O LATE CHOWDAIAH 7. SRI. KARIYAPPA S/O LATE CHOWDAIAH 8. SMT. CHIKKAMMA @ CHIKKI D/O LATE CHOWDAIAH RESPONDENT NOS.4 TO 8 ARE R/AT DODDAMUDHUVADI VILLAGE HAROHALLI HOBLI, HAROHALLI TALUK RAMANAGARA DISTRICT-562 109. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. H.G. REVANNA, ADVOCATE FOR R4 TO R8 - [ABSENT]) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.01.2025 PASSED BY THE RESPONDENT NO.1 IN CASE NO.LND/SC/ST/04-2023-24 (ANNEXURE-A) AND QUASH THE IMPUGNED ORDER DATED 15.03.2013 PASSED BY THE RESPONDENT NO.2 IN CASE NO.PTCL(CR)/28/2007-08 (ANNEXURE-B), ETC. - 5 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, 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 1940. She belonged to a Scheduled Caste/Scheduled Tribe community. The original grantee sold the land in the year 1968. Presently, the petitioners are the owners of the property. Respondent Nos.4 to 8 are the legal heirs of the original grantee. They have 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 2007. The same has been allowed by respondent No.2-Assistant Commissioner. Aggrieved by the same, the petitioners preferred an appeal before respondent No.1, who in turn has confirmed the order - 6 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 passed by respondent No.2-Assistant Commissioner. Aggrieved by the said orders, the present writ petition is filed. 2. The case of the petitioners is that the impugned orders passed by respondent No.1 and respondent No.2 have been passed without taking into consideration the inordinate delay on the part of respondent Nos.4 to 8 in making an application under Section 5 of the PTCL Act. 3. Learned counsel for respondent Nos.4 to 8 is absent. 4. Per contra, the learned Additional Government Advocate appearing for respondent Nos.1 to 3 justify the impugned orders and prayed for dismissal of the writ petition. 5. The only question that arises for consideration is whether the application filed by respondent Nos.4 to 8 under Section 5 of the PTCL Act has been filed within a reasonable period or not. 6. Admittedly, the sale was made in the year 1968 and it has been challenged for the first time in the year 2007. There is a delay of 28 years in filing the application under Section 5 of - 7 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 the PTCL Act from the date of PTCL Act coming into force. The said delay is not explained satisfactorily. Under the given peculiar facts and circumstances of the case, the delay of 28 years has to be considered as unreasonable. As per the law laid down by the Hon'ble Apex Court in Nekkanti Rama Lakshmi v. 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, such an unreasonable delay is fatal to the case of the legal heirs of the original grantee. The impugned orders have been passed without taking this proposition of law into consideration. 7. Hence, the following: ORDER i. The writ petition is allowed; ii. The impugned order dated 10.01.2025 bearing No.LND/SC/ST/04/2023-24 passed by respondent No.1 (vide Annexure-A to the writ petition) is hereby set aside; - 8 - HC-KAR CNR: KAHC010082242025 NC: 2026:KHC:41936 WP No. 4241 of 2025 iii. The impugned order dated 15.03.2013 bearing No.PTCL(CR)/28/2007-08 passed by respondent No.2 (vide Annexure-'B' to the writ petition) is hereby set aside. iv. The application filed under Section 5 of the PTCL Act by respondent Nos.4 to 8 before respondent no.2 is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 45