- 1 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.31253 OF 2024 (SC/ST) C/W WRIT PETITION NO.30735 OF 2024 (SC/ST) IN W.P.No.31253/2024 BETWEEN: 1. SHRI VISHNU VARDHAN REDDY K S/O VENKATARAMANA REDDY K AGED ABOUT 37 YEARS R/AT NO.201, 2ND FLOOR NAYANIVARI RESIDENCY 5TH MAIN, VINAYAKA LAYOUT BATTARAHALLI, BENGALURU-560 048. 2. SHRI. MANI RAVI S/O. MANI A AGED ABOUT 53 YEARS R/AT NO.27/1495, KAVERY EXTENSION 2ND CROSS, CALVARY BETTA CHURCH ROAD, MARIYANNA PALYA HEBBALA, BENGALURU NORTH BENGALURU-560 024. 3. SHRI. GNANATEJA KAMSANI S/O. RAGHUPATHI REDDY KAMSANI AGED ABOUT 34 YEARS R/AT 5-30, ETTERI VILLAGE Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 KOTAGARAM, CHITTOOR ANDHRA PRADESH-517 125. 4. SHRI. JAMES PINTO C/O. NOREEN MARY MAGDALENE PINTO AGED ABOUT 66 YEARS R/AT NO.402, RIVIERA PRESTIGE MONTE CARLO DODDABALLAPUR ROAD BANGALORE NORTH BENGALURU-560 064. 5. SHRI. JAYESH RAMDAS GOLATKAR S/O. RAMDAS DATTARAM GOLATKAR AGED ABOUT 49 YEARS R/AT NO.6141, PRESTIGE SHANTINIKETAN WHITEFIELD MAIN ROAD NEAR ITPL HOODI MAHADEVAPURA BANGALORE NORTH BENGALURU-560 048. 6. SHRI. M. GURUDAS S/O. LATE M.K. GOPALAN VAIDYAR AGED ABOUT 66 YEARS R/AT MADAMBIKKATHIL HOUSE P.O. KOORKKANCHERY TRICHUR-768 007, KERALA STATE. 7. SHRI. SREENIVASAN K.S. S/O. KURUR RAMAREDDY SAMPANGI AGED ABOUT 50 YEARS R/AT NO.187, NEAR SAI BABA TEMPLE MUNICIPAL LAYOUT CHICKBALLAPUR-562 101. 8. SHRI. ROHAN B. ARANHA S/O. A.S. ARANHA AGED ABOUT 64 YEARS R/AT PO BOX.807, UAE - 3 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 ABU DHABI REPRESENTED BY GPA HOLDER MR. JAMES S. PINTO S/O. LATE SANTAN PINTO AGED ABOUT 66 YEARS R/AT NO.402, RIVIERA PRESTIGE MONTE CARLO DODDABALLAPUR ROAD BANGALORE NORTH BENGALURU-560 064. 9. SHRI. NISHANTH D. S/O. DHAKSHINA MURTHY ALIAS DAKSHNA MURTHY AGED ABOUT 37 YEARS R/AT NO.22, SAIRAM LAYOUT MARUGONDANAHALLI VILLAGE K.R.PURAM POST BENGALURU-560 036. …PETITIONERS (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION BENGALURU-560009. - 4 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 4. SHRI S. SURESHBABU S/O NAGABHUSHANAIAH AGED ABOUT 62 YEARS R/AT NO.59-1-18/1 RAMACHANDRANAGAR VIJAYAWADA-520 008 ANDHRA PRADESH AND NO.268, 13TH CROSS ROAD HIG RMV 2ND STAGE BENGALURU-560094. 5. SMT. PADMA W/O SURYANARAYANA RAJU AGED ABOUT 49 YEARS R/AT NO.268, 13TH CROSS HIG RMV 2ND STAGE BENGALURU-560094. 6. SMT. V. BHAVANI W/O. V. THAPOVARDHAN AGED ABOUT 54 YEARS R/AT NO.23, 1ST MAIN ROAD JAYAMAHAL EXTENSION BENGALURU-560 046. 7. SHRI. V.V. BHOOPAL S/O. V.M. TAGORE AGED ABOUT 82 YEARS R/AT NO.23, 1ST MAIN ROAD JAYAMAHAL EXTENSION BENGALURU-560 046 AND JAYANTHIPURAM VILLAGE JAGGAIAHPET TALUK KRISHNA DRISTRICT ANDHRA PRADESH-521 175. - 5 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 8. SMT. G. VIJAYALAKSHMI W/O. VENKATA RAO AGED ABOUT 64 YEARS R/AT NO.23, 1ST MAIN ROAD JAYAMAHAL EXTENSION BENGALURU-560 046. 9. SHRI. D.K. MOHAN S/O. D.K. KRISHNAPPA AGED ABOUT 64 YEARS R/AT DEVASANDRA, K.R.PURAM BENGALURU-560 036. 10. SHRI. H. MANJESH S/O. HANUMANTHAPPA GRANDSON OF MUNIVENKATAMMA AGED ABOUT 41 YEARS R/AT NO.418/A, KONDAPPA LAYOUT YELAHANKA, BENGALURU-560 064. 11. SHRI. K. BADRI NARAYANA S/O. LATE K.M. KRISHNAPPA GRANDSON OF MUNIVENKATAMMA AGED ABOUT 47 YEARS R/AT NO.82/17, 3RD CROSS 2ND MAIN ROAD, BHOVI PALYA MAHALAKSHMI PURAM BENGALURU-560 086. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.3; SMT. SAVITHA C., ADVOCATE FOR R.10; SRI. PRAVEEN KUMAR HIREMATH, ADVOCATE FOR R.11; R.4 AND R.9: NOTICE SERVED; VIDE ORDER DATED 11.08.2026 NOTICE TO R.5 TO R.8 IS DISPENSED WITH.) - 6 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.08.2024 PASSED BY THE SECOND RESPONDENT-DEPUTY COMMISSIONER IN CASE NO. SCST(A)/90/14-15 VIDE ANNEXURE-A INSOFAR AS THE PETITIONERS ARE CONCERNED ETC. IN W.P.NO.30735/2024 BETWEEN: 1. SHRI. VEMPALLI CHANDA MOULI REDDY S/O VEMPALLI ADI NARAYANA REDDY, AGED ABOUT 43 YEARS, R/AT NO.76, CAMBRIDGE LAYOUT, 2A CROSS, KODIGEHALLI MAIN ROAD, K.R. PURAM, BENGALURU-560 067. 2. SHRI. NAGESH KUMAR MANGOLLU S/O RAMAKRISHNA RAO, AGED ABOUT 51 YEARS, R/AT NO.13, SRI NILAYAM, NEAR SAPNA APARTMENT, BLOCK II, SWATANTRA NAGAR, MAIN ROAD, BASAVANAPURA, K.R. PURAM, BENGALURU-560 049. 3. SHRI. SUDHAKARA REDDY M. S/O VENKATESHWARA REDDY MARAM, AGED ABOUT 43 YEARS, R/AT NO.4, 3RD FLOOR, 4TH BLOCK, 6TH CROSS, BRUNDAVAN LAYOUT, AYYAPPANAGAR, BENGALURU-560 036. - 7 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 4. SHRI. K. UMA MAHESHWARA REDDY S/O K. SUBBA REDDY, AGED ABOUT 42 YEARS, R/AT NO.8, CAMBRIDGE LAYOUT, 3A CROSS, KODIGEHALLI MAIN ROAD, K.R. PURAM, BENGALURU-560 067. 5. SHRI. M. JANARDHANA REDDY S/O VENKATESHWARA REDDY MARAM, AGED ABOUT 41 YEARS, R/AT NO.4, 3RD FLOOR, 4TH BLOCK, 6TH CROSS ROAD, BRUNDAVAN LAYOUT, AYYAPPANAGAR, BENGALURU-560 036. 6. M. VEENA D/O LATE MUNEGOWDA, AGED ABOUT 39 YEARS, R/AT ANKATHATTAHALLI VILLAGE, BETHAMANGALA POST, KGF TALUK, KOLAR DISTRICT-563 116. 7. SHRI. KEMPE GOWDA S/O LATE ERAIAH, AGED ABOUT 54 YEARS, R/AT NO.47, 6TH CROSS, MUNESHWARA LAYOUT, AYYAPPANAGAR, KRISHNARAJAPURA, BENGALURU-560 036. 8. SHRI. CHITTAJALLU VENKATA NARASIMHA RAO S/O CHITTAJALLU SATYANARAYANA, AGED ABOUT 50 YEARS, R/AT HOUSE NO.104, CAMBRIDGE LAYOUT, KATERAMMA TEMPLE ROAD, KODIGEHALLI MAIN ROAD, K.R. PURAM, BENGALURU-560 067. - 8 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 9. SHRI. RAJKUMAR N. S/O. R. NARAYANAPPA AGED ABOUT 36 YEARS R/AT NO.12, N.KURUBARAHALLI NANGALI POST, MULBAGAL TALUK KOLAR DISTRICT-563 132. 10. SHRI. N. AYYAPPA S/O. SANKAR REDDY AGED ABOUT 34 YEARS R/AT NO.18-8-65/E MADHURA NAGAR NEAR LEELAMAHAL, TIRUPATI, TIRUPATI URBAN ANDHRA PRADESH-517 501. ...PETITIONERS (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION BENGALURU-560 009. 4. SHRI. S. SURESHBABU S/O. NAGABHUSHANAIAH AGED ABOUT 62 YEARS R/AT NO.59-1-18/1 - 9 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 RAMACHANDRANAGAR VIJAYAWADA-520 008 ANDHRAPRADESH AND NO.268, 13TH CROSS ROAD HIG RMV 2ND STAGE BENGALURU-560 094. 5. SMT. PADMA W/O. SURYANARAYAN RAJU AGED ABOUT 49 YEARS R/AT NO.268, 13TH CROSS HIG RMV 2ND STAGE BENGALURU-560 094. 6. SMT. V. BHAVANI W/O. V. THAPOVARDHAN AGED ABOUT 54 YEARS R/AT NO.23, 1ST MAIN ROAD JAYAMAHAL EXTENSION BENGALURU-560 046. 7. SHRI. V.V. BHOOPAL S/O. V.M. TAGORE AGED ABOUT 82 YEARS R/AT NO.23, 1ST MAIN ROAD JAYAMAHAL EXTENSION BENGALURU-560 046 AND JAYANTHIPURAM VILLAGE JAGGAIAHPET TALUK KRISHNA DRISTRICT ANDHRA PRADESH-521 175. 8. SMT. G. VIJAYALAKSHMI W/O. VENKATA RAO AGED ABOUT 64 YEARS R/AT NO.23, 1ST MAIN ROAD - 10 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 JAYAMAHAL EXTENSION BENGALURU-560 046. 9. SHRI. D.K. MOHAN S/O. D.K. KRISHNAPPA AGED ABOUT 64 YEARS R/AT DEVASANDRA K.R.PURAM, BENGALURU-560 036. 10. SHRI. H. MANJESH S/O. HANUMANTHAPPA GRANDSON OF MUNIVENKATAMMA AGED ABOUT 41 YEARS R/AT NO.418/A, KONDAPPA LAYOUT YELAHANKA, BENGALURU-560 064. 11. SHRI. K. BADRI NARAYANA S/O. LATE K.M. KRISHNAPPA GRANDSON OF MUNIVENKATAMMA AGED ABOUT 47 YEARS R/AT NO.82/17, 3RD CROSS 2ND MAIN ROAD, BHOVI PALYA MAHALAKSHMI PURAM BENGALURU-560 086. ...RESPONDENTS (BY SRI. BHAIRAV KUTTAIAH, AGA FOR R.1 TO R.3; SRI. PRAVEEN KUMAR APPAYYA HIREMATH, ADVOCATE FOR R.11; SMT. SAVITHA C., ADVOCATE FOR R.10; VIDE ORDER DATED 11.08.2026 NOTICE TO R.4 TO R.9 IS DISPENSED WITH. THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - 11 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 QUASH THE ORDER DATED 30.08.2024 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER IN CASE NO.SCST(A)/90/14-15 VIDE ANNEXURE-A, ETC. THESE PETITIONS, 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 petitions was granted in favour of the original grantee in the year 1978. He belonged to a Scheduled Caste/Scheduled Tribe Community. In the year 1996, by way of two sale deeds, the land was sold. Thereafter, a layout has been formed on the said land and the petitioners are said to have purchased individual sites on the said land. In the year 2012, an application 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') before the Assistant Commissioner and the said application was dismissed. However, on an appeal filed by - 12 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 the said respondents, the same has been reversed by the Deputy Commissioner. Aggrieved by the same, the petitioners have preferred the instant petitions. 2. The case of the petitioners is that there has been an inordinate and unreasonable delay on the part of respondent Nos.10 and 11 in making an application under Section 5 of the PTCL Act and in spite of it, the jurisdictional Deputy Commissioner has passed the impugned order and it requires to be set aside. 3. In the course of the arguments, learned counsel for the petitioners submits that, he has challenged the constitutional validity of the amendment made to Section 5 of the PTCL Act in the year 2023. However, he submits that he does not press the same. His submission is placed on record. 4. Per contra, both the learned counsel for contesting respondent No.11 as well as learned AGA for respondent Nos.1 to 3 justify the impugned order and pray for dismissal of the writ petitions. - 13 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 5. It is contended by learned counsel for respondent no.11 that respondent No.11 had barely attained majority when his father sold the property. He further claims independent right over the property concerned. He submits that he was not a party to the proceedings, and hence, the transaction is liable to be set aside. 6. It is not in dispute that there has been an unreasonable delay of 16 years in making an application under Section 5 of the PTCL Act, since the dates of the respective sales. It becomes fatal to the case of the person making an application under Section 5 of the PTCL Act. Insofar as it relates to independent right of respondent no.11 over the property, if any, he is always at liberty to have the same decided in appropriate proceedings. In an application filed under Section 5 of the PTCL Act, respondent nos.10 and 11 are entitled to challenge the sale, if the same are to be found in violation of the conditions mentioned in Section 4 of the PTCL Act and in the present matter, the said condition is that the sale took place without obtaining necessary permission from the State. However, the same is diluted by the fact that there has been a - 14 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 delay of 16 years on the part of respondent nos.10 and 11 in making an application under Section 5 of the PTCL Act. 7. The 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. 8. Hence, the following: ORDER (i) The writ petitions are hereby allowed; (ii) The impugned order bearing No.SCST(A) 90/14- 15 dated 30.08.2024 passed by respondent No.2- Deputy Commissioner vide Annexure-A to the writ petition is hereby set aside; (iii) However, this order will not come in the way of respondent no.11 from enforcing his rights, if any, in respect of the property concerned by approaching the appropriate Civil Court in accordance with law; - 15 - HC-KAR CNR: KAHC010674532024 NC: 2026:KHC:47563 WP No. 31253 of 2024 C/W WP No. 30735 of 2024 (iv) The prayer of the petitioners insofar as it relates to constitutional validity of the amendment made to Section 5 of the PTCL Act in the year 2023 (Karnataka Act No.30/2023), stands dismissed as not pressed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 36