- 1 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 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. 14902 OF 2024 (SC/ST) BETWEEN: M.GOPINATH, S/O. D.M.MUNIYAPPA, AGED ABOUT 60 YEARS NO.213/2, BALAJI ROAD, 2ND BLOCK, THYAGARAJANAGAR, BENGALURU - 560028. …PETITIONER (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, 1ST FLOOR, DISTRICT ADMINISTRATIVE BUILDING, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, TUBAGERE-DODDABALLAPURA ROAD, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203. 3. SURYANARAYANA, S/O. SONNEGOWDA, AGED ABOUT 70 YEARS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 4. HANUMANTHARAYAPPA, S/O. SONNEGOWDA, AGED ABOUT 75 YEARS, RESPONDENTS NO.3 AND 4 ARE R/AT TEMPLE ROAD, DEVANAHALLI TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 5. SRI. SUNIL KUMAR, S/O. POPATLAL, KAMALKUNCH, KANAKAPURA ROAD, BENGALURU-560 062. 6. DR. Y. SUJATHA, W/O. R. CHANDRASHEKAR, AGED ABOUT 58 YEARS, R/AT NO.40, 1ST CROSS ROAD, HANUMANTHAIAH LAYOUT, SANJAYNAGAR, BENGALURU-560 094. 7. SRI. VEERAPPA, S/O. MUNIYAPPA, AGED ABOUT 44 YEARS, 8. SRI. MANJUNATH, S/O. CHIKKAPOOJAPPA, AGED ABOUT 32 YEARS, RESPONDENTS NO.7 AND 8 ARE R/AT THAMMENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110. …RESPONDENTS - 3 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; VIDE COURT ORDER DATED 07.06.2024, NOTICE TO R3 TO R6 DISPENSED WITH; SRI. KALYAN R., ADVOCATE FOR R7 AND R8) 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: ORAL ORDER Sri.Srihari.A.V., counsel for the petitioner; Smt.Savithramma., AGA for respondents 1 and 2 and Sri.Kalyan.R., counsel for respondents 7 and 8 appeared in person. 2. The petition is filed seeking a writ of certiorari to quash the order passed by the Deputy Commissioner. This order is challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. - 4 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 3. Counsel for the respective parties advanced several contentions. AGA and counsel for respondent Nos.7 and 8 submits that as there was a violation of provisions of PTCL Act, the resumption is justified. Urging additional grounds, they submit that the petition lacks merit and the same may be dismissed. 4. The Court heard the arguments and carefully perused the papers. 5. This issue is limited to resumption proceedings. The land in question, Sy.No.11, new Sy.No.40 spans 3 acres in Thammenahalli village, Devanahalli Taluk, Bengaluru Rural District. It was granted to Mr.Nanjappa, in 1956. Later, the original grantee sold the property to an extent of 1 acre in 1968 through a registered sale deed in favor of Mr.Muniswamappa. Thereafter, several sale transactions were took place. The petitioner purchased the property in 1994 to an extent of 20 guntas. - 5 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 Nearly 45 years after the sale, in 2012-2013, the resumption proceedings were initiated before the Assistant Commissioner. The Assistant Commissioner rejected the petition. Dissatisfied, an appeal was preferred to the Deputy Commissioner, who set aside the order of the Assistant Commissioner and approved the petition and ordered the land to be resumed. The Assistant Commissioner is justified in rejecting the petition. However, the Deputy Commissioner overlooked the nearly 45-year delay in initiating this proceedings. He failed to consider the issue of laches or the petitioner's claim that the proceedings were commenced after an unreasonable delay. The authority should have evaluated whether to proceed after nearly 45 years, especially since the rights in the land were settled by the sale deed in 1968. The oversight in considering the delay and laches led to order - 6 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 for land resumption being issued without adequately addressing a crucial and relevant issue. 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. In the facts and circumstances of the case, this Court is of the considered view that the order passed by the Deputy Commissioner, directing resumption of the subject land, cannot be legally sustained. Accordingly, the impugned order is liable to be set aside. 6. For the foregoing reasons, the order of the Deputy Commissioner is liable to be set aside. 7. The writ of certiorari is ordered. The order dated 17.01.2024 passed by the Deputy Commissioner vide Annexure-A is quashed. As this Court has quashed the order, the authority concerned is hereby directed to - 7 - HC-KAR CNR: KAHC010296902024 NC: 2026:KHC:51902 WP No. 14902 of 2024 restore the petitioner's name in the subject land in the revenue records. 8. Resultantly, the writ petition is allowed. 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 MRP List No.: 1 Sl No.: 26.3