Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17687 OF 2026 (SC/ST) BETWEEN:
1. MAHADEVANAIKA, S/O. LATE JAVARANAIKA, AGED ABOUT 67 YEARS,
2. SMT. GOWRAMMA, D/O. JAVARANAIKA, W/O. LATE SHIVANNA NAIKA, AGED ABOUT 52 YEARS,
3. HUCHAMMA, D/O. JAVARANAIKA, W/O. SIDDARAMAIAH, AGED ABOUT 64 YEARS, R/AT SIDDALINGAPURA VILLAGE, KALASTHAVADI POST, MYSURU DISTRICT- 570007. 4. PUTTASIDDAMMA, D/O. JAVARANAIKA, W/O. KARINAIKA, AGED ABOUT 70 YEARS, R/AT ECHEGOWDANAHALLI VILLAGE, ILAVALA HOBLI, MYSURU TALUK, MYSURU DISTRICT- 570006. 5. DEVISIDDANAIKA, S/O. JAVARANAIKA, AGED ABOUT 73 YEARS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
6. JAVARAMMA, D/O. JAVARANAIKA, W/O. MAHADEVANAIKA, AGED ABOUT 58 YEARS,
7. SHANKARAMMA, D/O. JAVARANAIKA, W/O. HANUMANTHNAIKA, AGED ABOUT 50 YEARS, R/AT NAGARATHALLI VILLAGE, RAYANAKERE POST, JAYAPURA HOBLI, MYSURU DISTRICT- 570008. 8. SANNAMMA, D/O. CHIKKANNANAIKA, AGED ABOUT 48 YEARS, R/AT BENKIPURA VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571103. 9. SIDDANAIKA, DEAD BY LRS,
PUTTALAKSHMAMMA, D/O. KARINAIKA, W/O. SIDDANAIKA, AGED ABOUT 51 YEARS,
10. ABHILASH S., S/O. LATE SIDDANAIKA, AGED ABOUT 33 YEARS,
PETITIONERS NO.1, 2, 5, 6, 9 AND 10 ARE RESIDING AT ALANAHALLI VILLAGE, HAMPAPURA HOBLI, H.D. KOTE TALUK, MYSURU DISTRICT-571114. - 3 -
HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
11. GEETHA S., D/O. SIDDANAIKA, W/O. SANJU, AGED ABOUT 30 YEARS, R/AT DADADAKALLALLI VILLAGE, ILAVALA HOBLI, MYSURU TALUK AND DISTRICT - 570006. …PETITIONERS (BY SRI. RUDRAPPA P., ADVOCATE)
AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU - 570002. 3. THE ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION, HUNSUR - 571105. 4. VINUTHA, W/O. LATE KRISHNAMURTHY @ ALANALLI KRISHNA, MAJOR IN AGE, R/AT NO.73, 2ND MAIN, 6TH CROSS, JAYALAKSHMIPURAM, MYSURU TOWN-570002. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3)
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HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
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, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.
P. Rudrappa, counsel for the petitioners, and Smt.Spoorthi V., HCGP for respondent Nos.1 to 3, appeared in person. 2. This petition is filed seeking the following reliefs: (i) Issue an appropriate writ or order or direction in the nature of certiorari and to quash the
order dated 08.12.2025 passed by the 2nd respondent in PTCL/36/2025 produced as per Annexure-E and direct the respondent No.2 and 3 to restore the land to the legal heirs of the original grantee. (ii) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it admitted
facts and appropriate in the circumstances of the case in the interest of justice pass such other suitable orders as this
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HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
Hon'ble Court deems it appropriate in the attendant circumstances and facts of the case;
3. Counsel appearing for the respective parties urged several contentions. The arguments were heard, and the papers were perused with care.
4. Suffice it to note that the land in question is Survey No.20/3, situated at Devalapura Village, Hampapura Hobli, H.D.Kote Taluk, Mysuru District. It was granted to one Sri.Javaranaika in 1942. He sold the property to the husband of one Smt.Vinutha in 1985. As things stood, the LRs of the grantee Sri.Javaranaika filed an application for resumption of the land in 2024 before the Assistant Commissioner. The Assistant Commissioner, vide order dated 17.02.2025, allowed the claim. Against the said order, an appeal was preferred, and the Deputy Commissioner, vide order dated 03.12.2025, set aside the order of the Assistant Commissioner. Under the circumstances, the petitioners are before this Court.
5. It is undisputed that the land was granted in 1942 and sold in 1985, but a claim for its resumption was filed only in 2024. The delay of nearly 39 to 40 years constitutes laches
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HC-KAR
CNR: KAHC010384802026 NC: 2026:KHC:50142 WP No. 17687 of 2026
on the part of the heirs of the grantee. The Assistant Commissioner should have rejected the claim due to this delay. However, the Deputy Commissioner rightly overturned the Assistant Commissioner's order and allowed the appeal, so the petition lacks merit. Accordingly, the writ petition is dismissed. Due to the dismissal of the Writ Petition, any interim
order granted is now cancelled, and all pending interlocutory applications are disposed of.
Sd/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 9