- 1 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15128 OF 2024 (SCST) BETWEEN: 1. SRI CHIRUMALLA VENKATASUBBAMMA W/O CHIRUMALLA LAKSHMAIAH AGED ABOUT 70 YEARS REPRESENTED BY HER GPA HOLDER AND HER SON MADHUSUDHANA RAO. C @ CHIRUMALLA MADHUSUDHAN RAO S/O. LAKSHMAIAH, AGED ABOUT 48 YEARS, R/AT NO.B3, 1ST FLOOR, ANDRA APARTMENTS, DODDANEKKUNDI, MARATHAHALLI COLONY, BANGALORE-560037. …PETITIONER (BY SRI. VIGHNESHWAR S. SHASTRI, LEARNED SENIOR COUNSEL FOR SRI BHASKAR GOWDA N.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 DEPARTMENT OF REVENUE M.S. BUILDING BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT KANDAYA BHAVANA, K.G.ROAD, BENGALURU-560001. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, K.G.ROAD BENGALURU-560001. 4. MUNIYAMMA D/O LATE MUNIYAPPA AGED ABOUT 60 YEARS, 5. M VENKATAMMA D/O LATE MUNIYAPPA AGED ABOUT 57 YEARS, 6. MUNISWAMY G M D/O LATE MUNIYAPPA AGED ABOUT 56 YEARS, 7. M NARAYANAPPA D/O LATE MUNIYAPPA AGED ABOUT 51 YEARS, 8. VENKATASWAMY D/O LATE VENKATARAVANAPPA AGED ABOUT 46 YEARS, 9. JAGADISH D/O LATE VENKATARAVANAPPA AGED ABOUT 43 YEARS, - 3 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 10. NARAYANAPPA D/O LATE VENKATARAVANAPPA AGED ABOUT 52 YEARS, RESPONDENT NOS.4 TO 10 ARE R/O GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560087. 11. SMT. AKYAMMA W/O LATE G C KRIHSNAPPA, AGED ABOUT 86 YEARS, 12. SMT. BATHYAMMA W/O SRI VENKATAESHAPPA AND D/O LATE G C KRISHNAPPA, AGED ABOUT 62 YEARS, 13. SRI NARYANA SWAMY S/O LATE G C KRISHNAPPA, AGED ABOUT 60 YEARS, 14. SMT. RAJAMMA W/O RAMAKRISHNAPPA D/O LATE G C KRISHNAPPA, AGED ABOUT 58 YEARS, 15. SMT. GAYATHRAMMA G K W/O MUNIRAJU AND D/O LATE G C KRISHNAPPA, AGED ABOUT 56 YEARS, 16. SRI MOHAN S/O Y MUNIRAJU, AGED ABOUT 35 YEARS, 17. SMT. NETRAVATHI M - 4 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 D/O SRI Y MUNIRAJU, AGED ABOUT 33 YEARS, RESPONDENT NOS.15 TO 17 ARE RESIDENTS OF NO.140/3, NEAR RAMA TEMPLE 12TH B CROSS, DOMLUR BANGALORE-560008. 18. SRI G K SHAMANNA S/O LATE G C KRISHNAPPA AGED ABOUT 53 YEARS, 19. SRI G K SUBRAMANI S/O LATE G C KRISHNAPPA AGED ABOUT 50 YEARS, 20. SMT. DEVAMMA W/O LATE CHIKKA NARAYANAPPA, AGED ABOUT 65 YEARS 21. SRI RAMAIAH S/O LATE BYATHAMMA AND CHALLAPPA, AGED ABOUT 61 YEARS 22. G K SURESH S/O KRISHNA REDDY AGED ABOUT 47 YEARS, RESPONDENT NOS.11 TO 14, 18 TO 22 ARE R/O GUNJURU VILLAGE, VARTUR HOBLI, BANGALORE EAST TALUK-560087. 23. THE TAHSILDAR BENGALURU EAST TALUK K.R. PURAM BENGALURU-560036. - 5 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 …RESPONDENTS (BY SRI BHAIRAV KUTTAIAH, AGA., FOR R.1 TO R.3 AND R.23; SRI. SOURABH R., ADVOCATE FOR R.4 TO R.7 AND R.10; VIDE ORDER DATED 11.06.2024 NOTICE TO R.11 TO R.22 IS DISPENSED WITH; R.8 AND R.9 ARE SERVED AND UNREPRESENTED.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE, THAT THE SECTION 5(C) AND (d) OF THE KARNATAKA SCHEDULE CASTE AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978 PUBLISHED IN KARNATAKA GAZETTE EXTRA ORDINARY ON 27.07.2023, KARNATAKA ACT 30/2023 AS PER ANNEXURE-J AS ULTRA VIRES AND UNCONSTITUTIONAL, ETC. 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 - 6 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 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 1931. He belonged to Scheduled Caste / Scheduled Tribe community. It was sold in the year 1941. The petitioner herein purchased 1 acre 6 guntas of land out of the original grant of 2 acres 15 guntas in the year 2008 from the subsequent purchaser. The sale deeds were challenged for the first time in the year 2011 by filing necessary application under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the PTCL Act') by the legal representatives of the original grantee. The same came to be dismissed by the Assistant Commissioner on the ground that the original records were not available and also on the ground of inordinate delay. However, the appeal filed by the legal heirs of the original grantee has been allowed by the second respondent - Deputy Commissioner and the land has been ordered to be resumed and restored in favour of the legal heirs of the original grantee. Aggrieved by the same, the present writ petition is filed. - 7 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 2. The case of the petitioner is that, even presuming that the land was indeed granted in favour of a person belonging to the Scheduled Caste / Schedule Tribe, the grant was made in year 1931 and was sold in the year 1941. The challenge to the sale was made in the year 2011 after an unreasonable delay. On the said ground, it is prayed that the writ petition be allowed. 3. Per contra, the learned AGA appearing for respondent Nos.1 to 3 and 23 as well as the learned counsel appearing for respondent Nos.4 to 7 and 10 justify the impugned orders and prayed for dismissal of the writ petition. 4. Admittedly, the land has been sold in the year 1941. The PTCL came into force on 01.01.1979. It was only in the year 2011 that an application under Section 5 of the PTCL Act has been made after an inordinate delay of 32 years from the date on which the Act came into existence, and after an inordinate delay of about 70 years from the date of sale. The delay has not been explained by the contesting respondents. Under the said circumstances, the same has to be considered unreasonable. Hence, relying upon the ratio laid down by the - 8 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 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, wherein it has been held that an unreasonable delay in making an application under Section 5 of the PTCL Act becomes fatal to the case of the original grantee. Hence the following:- ORDER i. The writ petition is hereby disposed of. ii. The impugned order dated 12.04.2024 bearing No.J¸ï.¹ J¸ï.n C¦Ã®Ä 134/2014-15 passed by respondent No.2 (vide Annexure-'A' to the writ petition) is hereby set aside. iii. Any change in the revenue entries pursuant to the impugned order passed by the Deputy Commissioner- respondent No.2 shall be restored to the position as it was prior to the passing of the said order. - 9 - HC-KAR CNR: KAHC010324192024 NC: 2026:KHC:38799 WP No. 15128 of 2024 iv. The prayer of the petitioner challenging the vires of the amendment to PTCL Act in the year 2023 and the Karnataka Act No.30 of 2023, stands dismissed as not pressed. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 32