- 1 - HC-KAR CNR: KAHC010325872024 NC: 2026:KHC:47229 WP No. 16315 of 2024 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.16315 OF 2024 (SC/ST) BETWEEN: 1. SMT. KARIYAMMA D/O. LATE BANJAPPA W/O. RAMAKRISHNAPPA AGED ABOUT 53 YEARS OCCUPATION:AGRICULTURE 2. SRI. MANJUNATH S/O LATE BANJAPPA AGED ABOUT 55 YEARS OCCUPATION: AGRICULTURE BOTH ARE LRS OF LATE BANJAPPA S/O ERAPPA ORIGINAL GRANTEE BOTH ARE RESIDING AT DODDAGHATTA VILLAGE, KASABA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 598. …PETITIONERS (BY SRI. BIRADAR SHARANAPPA SHANKAREPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010325872024 NC: 2026:KHC:47229 WP No. 16315 of 2024 DR. B.R. AMBEDKAR ROAD BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER REVENUE DEPARTMENT CHITRADURGA DISTRICT CHITRADURGA-577 501. 3. THE ASSISTANT COMMISSIONER REVENUE DEPARTMENT CHITRADURGA SUB DIVISION CHITRADURGA-577 501. 4. THE TAHASILDAR HIRIYUR TALUK, HIRIYUR-577 598. 5. KENCHAPPA S/O BHAIRAPPA (SINCE DECEASED) REPRESENTED BY HIS LR NARASIMHAMURTHY S/O KENCHAPPA AGED ABOUT 65 YEARS OCCUPATION:AGRICULTURE. 6. LINGAMMA W/O. SANNA TIMMANNA AGED ABOUT 65 YEARS OCCUPATION-AGRICULTURE (BOTH ARE RESIDENTS OF DODDAGHATTA VILLAGE KASABA HOBLI, HIRIYUR TALUK-577 598. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA., FOR R.1 TO R.4; SRI. B.M. SIDDAPPA, ADVOCATE FOR R.5 (VC); SRI. RAJATH H.V., ADVOCATE FOR R.6.) - 3 - HC-KAR CNR: KAHC010325872024 NC: 2026:KHC:47229 WP No. 16315 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-E, VIZ., THE ORDER DATED 06.07.1990 PASSED BY THE RESPONDENT NO.3 VIDE NO.SCPTL 3:90-91 AND ANNEXURE-F VIZ., THE ORDER DATED 16.06.2022 PASSED BY THE RESPONDENT NO.2 VIDE NO.PTCL (A):17/2020 IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR ORDERS 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 petition was granted in favour of the original grantee in the year 1964. He belonged to Nayaka community, which at that point of time was not considered a Scheduled Tribe Community. The land was sold on 04.05.1974. Even, as on that date, the said community was not considered a Scheduled Tribe Community. Later, it has been considered as a Scheduled Tribe Community. On the allegation that the land has been sold in violation of Section 4 of the Karnataka Scheduled Castes and Scheduled - 4 - HC-KAR CNR: KAHC010325872024 NC: 2026:KHC:47229 WP No. 16315 of 2024 Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act'), the petitioners' father approached the Assistant Commissioner by filing an application in the year 1990. The same has been dismissed on the ground that, as on the date of transaction, the petitioners' father did not belong to Scheduled Tribe Community. Aggrieved by the same, petitioner No.1 (legal heir of the original grantee) preferred an appeal before respondent No.2-Deputy Commissioner after an inordinate delay of around 30 years. The same has been dismissed. Aggrieved by the same, the present petition is filed. 2. Admittedly, as on the date of grant or as on the date of sale of the property, the petitioners did not belong to a Scheduled Tribe Community. Thus, the provisions of the PTCL Act are not applicable to the said transaction. Even otherwise, there has been an inordinate delay of 11 years in approaching the Assistant Commissioner considering the date as 01.01.1979 i.e., from the date of the PTCL Act coming into force and there has been an inordinate delay of around 30 years in preferring an appeal. The said delay has not been explained by the petitioners and the same has to be considered as unreasonable. - 5 - HC-KAR CNR: KAHC010325872024 NC: 2026:KHC:47229 WP No. 16315 of 2024 3. For the aforementioned reasons, I do not find any merit in the writ petition and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 19