- 1 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 31425 OF 2025 (SC/ST) BETWEEN: 1. SRI N MUNIKRISHNAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 62 YEARS, R/AT. KRISHNAPPAGOWDA BEEDI, THARAHUNASE ROAD, BETTAHALASURE VILLAGE, JALA HOBLI BENGALURU NORTH TALUK, 2. SRI.B.M.MANJUNATH, S/O. LATE MALLESHAPPA, AGED ABOUT 42 YEARS, R/AT. THARAHUNASE VILLAGE, BETTAHALASURE VILLAGE, JALA HOBLI BENGALURU NORTH TALUK, 3. SMT. NANJAMMA, S/O. LATE NARAYANAPPA, AGED ABOUT 45 YEARS, R/AT. SADHASHIVANAGAR, BETTAHALASURE VILLAGE, JALA HOBLI BENGALURU NORTH TALUK, THE PETITIONERS ARE REPRESENTED BY THEIR GPA HOLDER SRI. MAHESH BABU.L S/O. N.LAKSHMAIAH, AGED ABOUT 40 YEARS, R/AT. NO. 54, 4TH CROSS, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 5TH MAIN, GANGANAGAR, BENGALURU - 560 032 …PETITIONERS (BY SRI. RAMESHA C.N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU- 01 2. THE ASSISTANT COMMISSIONER, NORTH SUB-DIVISION BENGALURU- 01 3. SMT. PARVATHAMMA W/O. BALAKRISHNA, AGED ABOUT 31 YEARS, R/O. DODDAJALA VILLAGE, JAALA HOBLI, YELAHANKA TALUK, BENGALURU- 560 064 4. NARASIMHAMURTHY, S/O. LATE MADDALATEPPA, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT DODDAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. SARAVANA.S., ADVOCATE FOR R3; V/O DTD 18/9/26, NOTICE TO R4 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ramesha.C.N., counsel for the petitioner; Smt. Savithramma, Additional Government Advocate for respondent Nos. 1 and 2 and Sri.Saravana.S., counsel for respondent No.3 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. 3. Counsel for the respective parties advanced several contentions. The Court heard the arguments and carefully perused the papers. 4. This issue pertains solely to resumption proceedings. The land, Sy.No.259 (now No.347), covers 4 acres in Bettahalasure Village, Jala Hobli, BENGALURU North Taluk. It was granted to Smt. Muniyamma on 12.04.1939. The property was sold to Sri Nanjappa on 23.06.1960, followed by several other sales. The petitioners finally acquired it on 12.03.1980. - 4 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 The proceedings under Section 5 of the Act, initiated before the Assistant Commissioner in 2015 to seek land resumption, occurred after a significant 35-year delay. The Assistant Commissioner, through an order dated 04.10.2016, approved the claim. An appeal was then filed with the Deputy Commissioner, who, in an order dated 10.09.2025, upheld the Assistant Commissioner's decision. However, both the Assistant and Deputy Commissioners overlooked the nearly 35-year delay in initiating these proceedings. They failed to consider laches or the petitioners' claim that the proceedings were commenced after an unreasonable delay. The authorities should have evaluated whether to proceed after nearly 35 years, especially since the rights in the land were settled by the sale deed dated 12.03.1980. The oversight in considering the delay and laches led to orders for land resumption being issued without adequately addressing a crucial and relevant issue. The Division Bench in W.A.No.1035/2025 clarified that laches should be the primary consideration when resuming - 5 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 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 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 04.10.2016 passed by the Assistant Commissioner vide Annexure-A, and the order dated 10.09.2025 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 concerned - 6 - HC-KAR CNR: KAHC010679662025 NC: 2026:KHC:51215 WP No. 31425 of 2025 revenue authorities are to effect mutation entries in the names of the petitioners. 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.: 1 Sl No.: 21