- 1 - HC-KAR CNR: KAHC010517932025 NC: 2026:KHC:47020 WP No. 23692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.23692 OF 2025 (SC/ST) BETWEEN: 1. SRI SRIDHAR S/O LATE VENKATARAVANAPPA AGED ABOUT 49 YEARS, 2. SMT. BHARATAMMA D/O LATE VENKATARAVANAPPA AGED ABOUT 55 YEARS, 3. SMT. NEELAMMA D/O LATE VENKATARAVANAPPA AGED ABOUT 53 YEARS, PETITIONERS ARE R/AT AVAGANAHALLI VILLAGE ROYALPAD HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563135. …PETITIONERS (BY SRI. RAMAKRISHNA HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010517932025 NC: 2026:KHC:47020 WP No. 23692 of 2025 BENGALURU-560 001. 2. DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101. 3. ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR TALUK KOLAR DISTRICT-563101. 4. SRI D. NARAYANASWAMY S/O LATE DASAPPA AGED: MAJOR KURUBARAPET WARD BOVI COLONY KURUBARAPET KOLAR KOLAR DISTRICT-563101. …RESPONDENTS [BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.3; SRI. A.C. MANJUNATHA, ADVOCATE FOR R.4 (ABSENT)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AND DATED 14.07.2025 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER, KOLAR IN P.T.C.L/55/2025 VIDE ANNEXURE-A AND ORDER DATED 07.03.2025 PASSED BY THE RESPONDENT NO.3-ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION IN LND/SC/ST/133/2014, VIDE ANNEXURE-B, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010517932025 NC: 2026:KHC:47020 WP No. 23692 of 2025 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 1977. He belonged to Scheduled Caste/Scheduled Tribe community. The land was sold in the year 1993. For the first time a challenge was made under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act') in the year 2014 by respondent no.4 (legal representative of the original grantee). Presently, petitioners are the owners of the property concerned. Respondent no.3-Assistant Commissioner has allowed the said application and respondent no.2-Deputy Commissioner has rejected the appeal by confirming the order of respondent No.3 - Assistant Commissioner. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that, challenge to the sale has been made belatedly after an unreasonable delay of around 21 years and inspite of it, the Assistant Commissioner and - 4 - HC-KAR CNR: KAHC010517932025 NC: 2026:KHC:47020 WP No. 23692 of 2025 Deputy Commissioner have passed the impugned orders in favour of the legal representative of the original grantee. 3. Learned AGA appearing for respondent Nos.1 to 3 justifies the impugned orders and prays for dismissal of the writ petition. 4. Learned counsel appearing for respondent No.4 is absent. 5. The only question that arises for consideration is, whether the challenge under Section 5 of the PTCL Act has been made after an unreasonable delay. 6. Hon'ble Apex Court in Nekkanti Rama Lakshmi vs. State of Karnataka and Another reported in (2020) 14 SCC 232 as well as the decision of this Court in the case of R.Suresh Mohan v. State of Karnataka and Others in W.P.No.3597/2018 have held that unreasonable delay in challenging the sale will become fatal to the application filed under Section 5 of the PTCL Act. 7. In the instant case, admittedly, there is a delay of around 21 years in challenging the sale. The delay is not explained by - 5 - HC-KAR CNR: KAHC010517932025 NC: 2026:KHC:47020 WP No. 23692 of 2025 respondent no.4. Under the given facts and circumstances of the case, the delay has to be considered unreasonable. 8. Hence, the following: ORDER (i) The impugned order dated 07.03.2025 passed by respondent no.3 bearing no.LND/SC/ST/133/2014 vide Annexure-B to the writ petition is hereby set aside; (ii) The impugned order dated 14.07.2025 passed by respondent no.2 bearing no.PTCL/55/2025 vide Annexure-A to the writ petition is hereby set aside; (iii) The application filed by respondent no.4 under Section 5 of the PTCL Act before respondent no.3 is hereby dismissed; (iv) The writ petition stands allowed accordingly. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 41