- 1 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 23944 OF 2026 (SC/ST) BETWEEN: SRI. CHINNAPPA, SON OF LATE SRIRAMPURADA PILLAPPA, AGED ABOUT 89 YEARS, RESIDING AT NO.4, BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562110. …PETITIONER (BY SRI. VENKATESH PRASAD R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-561203. 3. SMT. RAMAKKA, DAUGHTER OF LATE MUNIVENKATAPPA, WIFE OF GOOTEPPA, AGED ABOUT 54 YEARS, RESIDING AT ANKANAGONDI VILLAGE, THIPPENAHALLI POST, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA - 562101. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 4. SRI. MARIYAPPA, S/O. LATE MUNISHAMAPPA, AGED ABOUT 79 YEARS, RESIDING AT BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562164. 5. SRI M.KRISHNAPPA, S/O. LATE MUNISHAMAPPA, AGED ABOUT 77 YEARS, RESIDING AT BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562164. 6. SRI. VENKATESH, S/O. MARIYAPPA, AGED ABOUT 51 YEARS, RESIDING AT BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562164. 7. SRI. AMBARISH, S/O. MARIYAPPA, AGED ABOUT 48 YEARS, RESIDING AT BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562164. 8. SRI. MADHUSUDHAN REDDY P., S/O. BALARAM REDDY, AGED ABOUT 60 YEARS, RESIDING AT HOUSE NO.1763, G.K.V.K JUDICIAL LAYOUT, YELAHANKA, BENGALURU - 560064. 9. SMT. DODDAMMA, WIFE OF LATE MUNIVENKATAPPA, AGED ABOUT 70 YEARS, RESIDING AT BIJJAVARA VILLAGE, - 3 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562164. 10. SMT. NARAYANAMMA, DAUGHTER OF LATE MUNIVENKATAPPA, AGED ABOUT 45 YEARS, RESIDING AT BIJJAVARA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562164. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; R3, R4, R6 AND R7 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 16.09.2026, NOTICE TO R5, R8, R9 AND R10 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri. Venkatesh Prasad R., counsel for the petitioner, and Smt. Savithramma, Additional Government Advocate for respondent Nos. 1 and 2, appeared in person. 2. This petition is filed seeking the following reliefs: (i) Issue a writ of certiorari or any other appropriate writ, quashing the proceedings initiated by - 4 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 respondent No.3 before the respondent No.2 Authority in PTCL No.46/2024 at Annexure-H; (ii) Issue a writ of mandamus directing the respondent No.2 Authority to dismiss the second petition filed by respondent No.3 in PTCL No.46/2024 at Annexure-G as barred by res judicata, delay and laches and finality of the earlier order dated 24.07.2018 in PTCL.SR(DH).162/2006-07 at Annexure-F. (iii) Pass any other writ, order, direction as this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice and equity. 3. Counsel for the petitioner, in support of these arguments, submits that the original grantee sold the property in favor of the petitioner in 1973. However, the original grantee initiated proceedings for resumption before the Assistant Commissioner in 2006. There was a delay of almost 33 years. The Assistant Commissioner, vide order dated 24.07.2018, dismissed the claim. He argued that the dismissal has attained finality. However, a second petition has been filed seeking resumption of the claim, and the Assistant Commissioner has issued notice to the petitioner. It has been vehemently - 5 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 contended that the second petition is not maintainable. Hence, the proceedings may be quashed. 4. Heard the arguments and perused the papers with utmost care. 5. The issue is centred on the notice issued by the Assistant Commissioner to the petitioner. The land involved includes old Survey No.33 and new Survey No.126, totalling 1 acre 36 guntas. Originally granted to Sri.Munivenkatappa, who sold 1 acre of the land to the petitioner on 08.04.1973. An application for resumption was filed by the grantee and rejected in 2018 by the Assistant Commissioner. Later, in 2024, one of Sri.Munivenkatappa's legal heirs filed a second petition with the Assistant Commissioner, with the petitioner as the first respondent. The Assistant Commissioner issued a notice. 6. Considering the submission on the maintainability of the second petition, this Court finds it appropriate to dispose of the petition. The petitioner is directed to submit an application on the maintainability of the second petition. The Assistant - 6 - HC-KAR CNR: KAHC010521422026 NC: 2026:KHC:50447 WP No. 23944 of 2026 Commissioner is then instructed to review this application before taking any further action regarding the petitioner. 7. With the above observation, the writ petition is disposed of. The Assistant Commissioner shall hear the application and dispose of it within two weeks from the date of filing. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 9