- 1 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 12813 OF 2025 (SC/ST) BETWEEN: 1. CHIKKASIDDAPPA DEAD BY LRS., SMT. NARAYANAMMA, D/O. LATE CHIKKASIDDAPPA, W/O. SRIRAMAPPA, AGED ABOUT 59 YEARS, R/AT DASENAHALLI VILLAGE, YENGASANDRA POST, BANGARPET TALUK, KOLAR DISTRICT-563162. 2. SMT. VIMALAMMA, W/O. SUBRAMANIYAPPA, D/O. LATE CHIKKASIDDAPPA, AGED ABOUT 51 YEARS, R/AT KODIHALLI VILLAGE, YENGASANDRA POST, BANGARPET TALUK, KOLAR DISTRICT-563162. 3. SMT. SUSHEELAMMA, W/O. VENKATASWAMY, AGED ABOUT 61 YEARS, R/AT NARAYANAPURA VILLAGE, ATTIMOGAM POST, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635105. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 4. SMT. SHYLAMMA, W/O. BALAKRISHNAPPA, AGED ABOUT 59 YEARS, R/O. VANAMANGALA VILLAGE, BERKAI HOBLI, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635105. 5. SMT. LAKSHMAMMA, W/O. VENKATESHAPPA, AGED ABOUT 55 YEARS, R/O. SONNAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130. 6. SMT. CHIKKAMMA, W/O. VENKATASWAMY, AGED ABOUT 57 YEARS, R/O. KURUNAPALLI VILLAGE, RONUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563135. 7. SRI. MUNIYAPPA DEAD BY HIS LRS., SRI. NAVEEN KUMAR, S/O. LATE MUNIYAPPA, AGED ABOUT 43 YEARS, 8. SRI. HARISHA M., S/O. LATE MUNIYAPPA, AGED ABOUT 41 YEARS, 9. SRI. KRISHNAPPA, S/O. LATE CHIKKASIDDAPPA, AGED ABOUT 61 YEARS, 10. SRI. NAGAPPA, S/O. LATE CHIKKASIDDAPPA, AGED ABOUT 59 YEARS, - 3 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 PETITIONERS NO.7 TO 10 ARE RESIDING AT NALLANDAHALLI VILLAGE, MASTHI HOBLI, MALUR TALUK, KOLAR DISTRICT-563139. …PETITIONERS (BY SRI. R SHASHI KUMAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF DEPUTY COMMISSIONER, MULBAGAL ROAD, NH-75, KOLAR- 563101. 2. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, POLICE GROUND ROAD, GOWRIPETE, KOLAR-563101. 3. SRI. THIMMARAYAPPA, S/O. LATE MUNISHAMY, AGED MAJOR, R/AT VENKATARAJANAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT-563137. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. RASHEED KHAN, ADVOCATE FOR C/R3 - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: - 4 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 ORAL ORDER Sri. R. Shashi Kumar, counsel for the petitioners, and Smt. Savithramma, Additional Government Advocate for respondent Nos. 1 and 2, appeared in person. There is no representation on behalf of respondent No. 3. 2. The petition is filed seeking a writ of certiorari to quash the orders passed by the Assistant Commissioner and the Deputy Commissioner. 3. Counsel appearing for the respective parties advanced several contentions. The Court heard the arguments and carefully perused the papers. 4. This issue is limited to resumption proceedings. The land in question, Sy.No.36 (New Sy.No.88), spans 3 guntas in Nallandahalli Village, Masthi Hobli, Malur Taluk, Kolar District. It was granted to Sri.Muniswamy on 28.02.1964. He sold the property in favour of Sri.Chikkasiddappa on 14.02.1970. The proceedings were initiated in 2010 under Section 5 of the Act before the Assistant Commissioner, seeking resumption - 5 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 of the land. The Assistant Commissioner approved the petition and ordered the land to be resumed. Dissatisfied, the petitioner appealed to the Deputy Commissioner, who upheld the original order. However, both the Assistant and Deputy Commissioners overlooked the nearly 40-year delay in initiating these proceedings. They failed to consider the issue of laches or the petitioner's claim that the proceedings were commenced after an unreasonable delay. The authorities should have evaluated whether to proceed after nearly 40 years, especially since the rights in the land were settled by the sale deed in 1970. The oversight in considering the delay and laches led to orders for land resumption being issued without adequately addressing a crucial issue. The Division Bench in W.A.No.1035/2025 clarified that laches should be regarded as the primary requirement when resuming lands. It also held that if restoration action is filed after a significant delay, it could be barred by laches. - 6 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 In the facts and circumstances of the case, this Court is of the considered view that the orders passed by the Assistant Commissioner and confirmed by the Deputy Commissioner, directing resumption of the subject land, cannot be sustained in law. Accordingly, the impugned orders are liable to be set aside. 5. For the foregoing reasons, the orders of the Assistant Commissioner and the Deputy Commissioner are liable to be set aside. 6. The writ of certiorari is ordered. The order dated 29.08.2024 passed by the Assistant Commissioner vide Annexure-A, and the order dated 18.02.2025 passed by the Deputy Commissioner vide Annexure-B are quashed. 7. Resultantly, the writ petition is allowed. As this Court has set aside the orders of the Assistant Commissioner and the Deputy Commissioner, the revenue authorities are directed to restore the petitioners' names in the revenue records. - 7 - HC-KAR CNR: KAHC010238222025 NC: 2026:KHC:50893 WP No. 12813 of 2025 On disposal of the Writ Petition, any interim order stands discharged, and any pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 2 Sl No.: 35