- 1 - HC-KAR CNR: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28481 OF 2025 (SC/ST) BETWEEN: 1. RATHNAMMA AGED ABOUT 55 YEARS W/O RAMACHANDRAPPA R/AT DANDIGANAHALLIL VAKKALERI HOBLI KOLAR TALUK - 563 130 …PETITIONER (BY SRI. MANIVANNAN G., ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER KOLAR DISTRICT KOLAR - 563 130 2. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR - 563 130 3. VISHWANATH AGE ABOUT 35 YEARS S/O KRISHNAPPA R/AT DANDIGANAHALLI VAKKALERI HOBLIL KOLAR TALUK - 563 130 …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2 SRI. RAMAKRISHNA HEGDE, ADVOCATE FOR R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE IMPUGNED ORDERS AT ANNEXURE- A DATED 14-2-2025 PASSED BY THE RESPONDENT NO. 2 IN LND/SC/ST.42 OF 2022 ALLOWING THE PETITION OF THE RESPONDENT NO.3 AND THE ORDER DATED 21-07-2025 PASSED BY THE RESPONDENT NO.1 IN PTCL/51/2025 (ANNEXURE-B) DISMISSING THE APPEAL OF THE PETITIONER AND CONFIRMING THE SAID ORDER DECLARING THE SALE DEED WITH RESPECT TO THE SALE OF THE SUBJECT LAND BEARING SY.NO. 72 (SY. NO.72/P9) MEASURING 1 ACRE 20 GUNTAS OF DANDIGANAHALLI VILLAGE, VAKKALERI HOBLI, KOLAR TALUK AS NULL AND VOID AND TO EVICT THE PETITIONER FROM THE POSSESSION OF THE SUBJECT LAND AND FOR RESTORATION OF THE SAME TO THE ALLEGED GRANTEES IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP 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: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 ORAL ORDER The land which is the subject matter of the writ petition was granted in favour of the original grantee in the year 1981. He belonged to the Scheduled Caste / Scheduled Tribe Community. It was sold for the first time in the year 2005. Presently, the petitioner is the owner of the property. Respondent No.3 is the legal heir of the original grantee. Respondent No.3, for the first time, preferred an 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') in the year 2022, after a lapse of 17 years. Respondent No.2 - the Assistant Commissioner has allowed the application and has ordered for resumption and restoration of the land in favour of the legal heirs of the original grantee. The appeal preferred by the petitioner has been dismissed by respondent No.1 - the Deputy Commissioner. Aggrieved by the same, the present writ petition is filed. - 4 - HC-KAR CNR: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 2. The learned Additional Government Advocate as well as the learned counsel appearing for the contesting respondent justifies the impugned orders and prays for dismissal of the writ petition. 3. The only question that arises for consideration is, whether there has been any unreasonable delay on the part of respondent No.3 in preferring the application under Section 5 of the PTCL Act. 4. Admittedly, the land was sold in the year 2005 and the application filed under Section 5 of the PTCL Act was made in the year 2022. The delay of 17 years since the date of sale has not been satisfactorily explained by respondent No.3. Under the given peculiar facts and circumstances of the case, the delay has to be considered unreasonable. 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 - 5 - HC-KAR CNR: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 (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, has held that any unreasonable delay in making the application under Section 5 of the PTCL Act becomes fatal. Hence, the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned order dated 14.02.2025 bearing Case No. ಎ.ಎ.. ಎ. ಎ./42/2022 passed by respondent No.2 - the Assistant Commissioner vide Annexure - A to the writ petition is hereby set aside. iii. The impugned order dated 21.07.2025 bearing Case No.PTCL/51/2025 passed by respondent No.1 - the Deputy Commissioner vide Annexure - B to the writ petition is hereby set aside. - 6 - HC-KAR CNR: KAHC010616112025 NC: 2026:KHC:39908 WP No. 28481 of 2025 iv. The application filed under Section 5 of the PTCL Act filed by respondent No.3 before respondent No.2 - the Assistant Commissioner stands dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 53