- 1 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 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. 1920 OF 2024 (SCST) BETWEEN: SRI. MUNINARAYANAPPA, S/O LATE DODDANANJAPPA, AGED ABOUT 68 YEARS, SATYAMMA COLONY, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …PETITIONER (BY SRI. SHIVAKUMAR N., ADVOCATE) AND: 1. SRI. M.V.MUNIYAPPA, S/O MUNIVENKATAPPA, (DEAD BY HIS LR'S). SMT. NARAYANAMMA, W/O LATE MUNIYAPPA, AGED ABOUT 78 YEARS, 2. SRI. RAVINDRA, S/O LATE MUNIYAPPA, AGED ABOUT 63 YEARS, 3. SRI. SOMASHEKAR, S/O LATE MUNIYAPPA, AGED ABOUT 60 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 4. SRI. MANJUNATH, S/O LATE MUNIYAPPA, AGED ABOUT 58 YEARS, 5. SRI. CHOUDEGOWDA, S/O LATE MUNIYAPPA, AGED ABOUT 56 YEARS, 6. SRI. APPAJIGOWDA, S/O LATE MUNIYAPPA, AGED ABOUT 54 YEARS, 7. SMT. BHARATI, W/O GOWDA, D/O LATE MUNIYAPPA, AGED ABOUT 52 YEARS, RESPONDENTS NO.1 TO 7 ARE R/AT KOMMASANDRA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 8. SRI. P. CHANDRAKANTHAPPA, S/O V.C.PUTTANNA, (DEAD BY HIS LR'S) SRI. VIJAYARAJ, S/O LATE CHANDRAKANTAPPA, AGED ABOUT 62 YEARS, 9. SRI. MANJUNATH C., S/O LATE CHANDRAKANTAPPA, AGED ABOUT 60 YEARS, RESPONDENTS NO.8 AND 9 ARE - 3 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 R/AT WARD NO.11, ARALEPETE, VIJAYAPUR TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 10. ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR - 562 101. 11. THE DEPUTY COMMISSIONER, DISTRICT ADMINISTRATION BUILDING, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI. RAMESH T.R., ADVOCATE FOR R1 TO R7; SRI.BHAIRAV KUTTAIAH, AGA FOR R10 AND R11; R8 AND R9 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ORDER DATED 29/12/2023 PASSED BY THE R11 IN CASE NO. L.N.D./SC-ST (APPEAL) 28/2015-16 IN ALLOWING THE APPEAL FILED BY THE LRS OF M.V. MUNIVENKATAPPA VIDE ANNEXURE - A AND ETC., 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 - 4 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 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 1939. He belonged to Scheduled Caste and Scheduled Tribe community. He has sold the land in the year 1967. Thereafter, it has been further sold and presently respondents No.1 to 7 are said to be the owners of the property. For the first time, in the year 2007, an application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL' Act) was made stating that there was a perpetual bar on sale of land and the land has been sold in violation of the same and hence, the legal representative of the original grantee are entitled for resumption and restoration of the same. Their application came to be allowed. Aggrieved by the same, the purchasers preferred an appeal before the Deputy Commissioner, who set aside the order passed by the Assistant Commissioner and dismissed the application by - 5 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 allowing the appeal on the ground that the sale had taken place after the expiry of 10 years, non-alienation period, but the Assistant Commissioner had erroneously recorded the non-alienation condition as permanent. Aggrieved by the same, the legal representative of the original grantee has preferred this writ petition. 2. The case of the petitioners is that, sale was made by the original grantee in violation of the terms and conditions of the grant that the land should not be alienated forever. It is submitted that respondent No.11- Deputy Commissioner committed an error in passing the impugned order, without taking this fact into consideration. 3. Learned counsel for respondents No.1 to 7 as well as learned AGA for respondents No. 10 and 11 justifies the impugned order and pray for dismissal of the writ petition. 4. Respondent Nos.8 and 9 are served, and unrepresented. - 6 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 5. Irrespective of whether the non-alienation period was for 10 years or in perpetuity as per the decision of the Hon'ble Apex Court in the 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, if the alienation done by the original grantee or his legal representatives is not challenged within a reasonable period by making necessary application under Section 5 of the PTCL Act, it becomes fatal to the case of the grantees/ legal representatives of the grantees. The PTCL Act, came into force on 01.01.1979 and in the instant case, there is a delay of around 28 years in filing an application under Section 5 of the PTCL Act, after PTCL Act came into force. The said delay is unexplained. Under the said circumstances, the delay has to be considered unreasonable and it becomes fatal to the case of the petitioner. 1 (2020) 14 SCC 232 - 7 - HC-KAR CNR: KAHC010017522024 NC: 2026:KHC:39174 WP No. 1920 of 2024 6. For the aforementioned reasons, the writ petition stands dismissed. SD/- (M.I.ARUN) JUDGE tsn* List No.: 1 Sl No.: 39