- 1 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.3138 OF 2022 (SC/ST) BETWEEN: 1. SRI. PREMAKUMAR AGED ABOUT 50 YEARS S/O LATE SRIRAMAIAH 2. SMT. LAKSHMAMMA AGED ABOUT 70 YEARS W/O LATE SRIRAMAIAH 3. 3(a) SUKANYA SINCE DEAD BY LR. SRI. JAYANNA AGED ABOUT 50 YEARS S/O MUDDAPPA 4. SMT. SARSWATHAMMA AGEA ABOUT 33 YERS W/O JAYANNA ALL ARE RESIDENTS OF UNIKILI VILLAGE, KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT. …PETITIONERS (BY SRI. JAGADEESHA K.J., ADVOCATE AND SRI. K.S. SREEKANTHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-01 REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR. 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR. 4. SRI. NARAYANASWAMY AGED ABOUT 71 YEARS S/O LATE POOJAPPA 5. SRI. GOVINDAREDDY AGED ABOUT 48 YEARS S/O LATE POOJAPPA RESPONDENT NOS.4 AND 5 ARE RESIDENTS OF UNIKILI VILLAGE KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA, FOR R1 TO R3 SRI. N.R. JAGADEESWARA, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 14.07.2019 PASSED BY RESPONDENT NO.2 IN CASE NO.R.A.SC.ST.19/2016-17 VIDE ANENXURE-H, ETC. THIS PETITION, COMING ON FOR FURTHER ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The land which is the subject matter of the writ petition is said to have been granted in favour of the original grantee in the year 1955-56. He belonged to Scheduled Caste/Scheduled Tribe community. He sold the said land on 26.04.1966. There have been several sale transactions subsequent to the said sale and presently respondent nos.4 and 5 are the owners of the property concerned and petitioners are the legal representatives of the original grantee. On the ground that the alienation was in violation of Section 4(1) of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act'), the legal representatives of the original grantee made an application before the jurisdictional Assistant Commissioner in the year 1990. The same was dismissed by him. After a lapse of around 13 years, the legal representatives of the original grantee preferred an appeal before respondent no.2-Deputy Commissioner. The Deputy Commissioner allowed the appeal and remanded the matter back to the Assistant Commissioner - 4 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 for fresh consideration. Aggrieved by the same, respondent nos.4 and 5 preferred Writ Petition Nos.689 and 911 of 2015. In the said writ petitions it was contended that the inordinate delay has not been considered by the Deputy Commissioner while deciding the appeal. Accepting the said contention, the writ petitions were allowed and the order passed by the Deputy Commissioner was set aside and the matter was remitted back to the Deputy Commissioner for consideration of the appeal after disposing of the application filed seeking condonation of delay. Thereafter, the Deputy Commissioner has dismissed the appeal of the petitioners herein on the ground of delay. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that, the Deputy Commissioner committed an error in dismissing the appeal on the grounds of delay. It is submitted that the transaction is in violation of Section 4(1) of the PTCL Act and hence the Deputy Commissioner ought to have condoned the delay in filing the appeal and ought to have allowed the appeal. It is also contended that the order passed by the Assistant Commissioner - 5 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 at the first instance itself is erroneous because it failed to take into consideration the reason for enacting the PTCL Act. 3. Per contra, the learned AGA as well as the learned counsel for contesting respondents justify the impugned orders and pray for dismissal of the writ petition. 4. Admittedly, the property was sold on 26.04.1966. The PTCL Act came into force on 01.01.1979. More than 12 years have elapsed since the date of sale and the PTCL Act coming into force. As per the decision of the Hon'ble Apex Court in Manchegowda and Others vs. State of Karnataka and Others reported in (1984) 3 SCC 301, if a person has perfected his right by prescription of time, then in that event it would be an exception to Section 4(1) of the PTCL Act. Under the given facts and circumstances of the case, the purchaser has to be considered as having perfected his title by prescription of time/adverse possession as against the petitioners herein are concerned. Hence, the sale is not liable to be set aside for violation of Section 4(1) of the PTCL Act. - 6 - HC-KAR CNR: KAHC010366712021 NC: 2026:KHC:47088 WP No. 3138 of 2022 5. Even otherwise there has been an inordinate delay of 11 years in preferring an application under Section 5 of the PTCL Act after the PTCL Act came into force. The said delay is also unexplained. The Assistant Commissioner under the circumstances has rightly rejected the application of the petitioners. Thereafter there has been an inordinate delay of around 13 years in referring an appeal before the Deputy Commissioner by the Petitioners. The said delay is also unexplained and hence the Deputy Commissioner has dismissed the appeal on the ground of delay. I do not see any error in the impugned orders. For the aforementioned reasons, the writ petition stands dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 15