- 1 - HC-KAR CNR: KAHC010632042024 NC: 2026:KHC:51884 WP No. 32616 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 32616 OF 2024 (SC/ST) BETWEEN: SRI S NAGARAJU @ NAGARAJAPPA S/O SHOMBAPPA AGED ABOUT 74 YEARS, R/AT ARENURU VILLAGE, BIDARAGUPPE POST, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562 107. …PETITIONER (BY SRI. S.KALYAN BASAVARAJ, ADVOCATE - ABSENT) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BEHIND KANDAYA BHAVANA, K.G.ROAD, BANGALORE-02. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G.ROAD, BANGALORE-02. 3. SMT. DHANALAKSHMI W/O LATE K.V.GOPINATH AGED ABOUT 46 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010632042024 NC: 2026:KHC:51884 WP No. 32616 of 2024 4. KUMARI. TEJASWINI D/O LATE K.V.GOPINATH AGED ABOUT 19 YEARS, 5. MASTER. PRAFUL S/O LATE K.V.GOPINATH AGED ABOUT 18 YEARS, 6. SRI. K.V.JANARDHAN S/O K.R.VENKATAREDDY AGED ABOUT 49 YEARS, RESPONDENT NOS. 3 TO 6 ARE ALL RESIDING AT CHIKKANAHALLI, KAMMANAHALLI VILLAGE, KUGOORU POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562 125. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI. V. SHIVAKUMAR, ADVOCATE FOR C/R3 AND ALSO FOR R4 TO R6) 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: - 3 - HC-KAR CNR: KAHC010632042024 NC: 2026:KHC:51884 WP No. 32616 of 2024 ORAL ORDER Though matter called twice, there is no representation on behalf of counsel for the petitioner. Smt.Savithramma., Additional Government Advocate for respondent Nos. 1 and 2, and Sri.D.R.Ravishankar., Senior counsel on behalf of Sri.V.Shiva Kumar., for caveator/ respondents 3 & 4 to 6 appeared in person. 2. The petition is filed seeking a writ of certiorari to quash the orders passed by the Assistant Commissioner and the Deputy Commissioner. These orders are challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. 3. Counsel 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.83, New Sy.No.71, spans 2 acres in Chikkanahalli Kamanahalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District. It was granted to Mr.Chikkakolaga @ - 4 - HC-KAR CNR: KAHC010632042024 NC: 2026:KHC:51884 WP No. 32616 of 2024 Kolagappa, in 1939-40. Later, the land in question was sold on 16.10.1956 through a registered sale deed. Nearly 52 years after the sale, in 2008, the Lrs. of original grantee initiated proceedings under Section 5 of the Act before the Assistant Commissioner, seeking resumption of the land. The Assistant Commissioner dropped the petition. Dissatisfied, the petitioner appealed to the Deputy Commissioner, who upheld the original order. Both the Assistant and Deputy Commissioners are right in rejecting the proceedings after considerable delay of 52 years. The Division Bench 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. 5. The writ petition is devoid of merits and I find no grounds to interfere with the orders passed by the Assistant and Deputy Commissioners. Resultantly, the writ petition is dismissed. - 5 - HC-KAR CNR: KAHC010632042024 NC: 2026:KHC:51884 WP No. 32616 of 2024 On dismissal of the Writ Petition, any interim order stands discharged, and any pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 64