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2026 DAILYLAW 42681 (KAR)

SRI.KRISHNAMURTHY v. THE DEPUTY COMMISSIONER

WP/26968/2025 · 2026-09-22

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010580812025 NC: 2026:KHC:52263 WP No. 26968 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26968 OF 2025 (SC/ST) BETWEEN: SRI.KRISHNAMURTHY S/O LATE DASAPPA, AGED ABOUT 86 YEARS, RESIDING AT NO.31, ANNAPURNESHWARI NILAYA, 2ND CROSS, GAYITHRI NAGAR, NEAR SHANKARMATT, MALLESHWARAM ROAD, BENGALURU 560 079. …PETITIONER (BY SRI. YOGESH, ADVOCATE FOR SRI. UMA SHANKAR L.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKAMAGALORE DISTRICT, CHIKKAMAGALORE - 577 547. 2. SMT GANGAMMA W/O ESHWARAPPA, AGED ABOUT 81 YEARS, R/O THIPPAGONDANAHALLI VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 577 547. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1; SRI. JAGADEESH H.T, ADVOCATE FOR C/R2) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010580812025 NC: 2026:KHC:52263 WP No. 26968 of 2025 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.Yogesh, counsel on behalf of Sri.Uma Shankar L., for the petitioner, Smt.Savithramma, Additional Government Advocate for respondent No.1 and Sri.Jagadeesh H.T., counsel for caveator / respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ or order in the nature of certiorari and set aside the order made in Case No.PTCL 6/2024 dated 30.07.2025 passed by respondent No.1 by setting aside the order of the Assistant Commissioner, Tharikere Sub- Division, Tharikere the order made in Case No.PTCL 3/2014-15 dated 21.03.2024 passed by the respondent No.1 Annexure-B. (ii) Pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case including cost of the - 3 - HC-KAR CNR: KAHC010580812025 NC: 2026:KHC:52263 WP No. 26968 of 2025 proceedings, so as to meet the ends of justice and equity. 3. Counsel for the respective parties advanced several contentions. Counsel for the petitioner in presenting his arguments submits that the permission was not taken before selling the property. Hence, the resumption proceedings are justified. Counsel for respondent No.2 submits that the sale was taken place in 1971. However, the resumption proceedings were initiated in 2014. There is a laches on the part of the family of the grantee in seeking resumption of proceedings after 43 years. 4. Heard the arguments and perused the papers with utmost care. 5. The issue revolves within a narrow compass and relates to the resumption proceedings. The land, Sy.No.81, covers 2 acres in Thippagondanahalli Village, Ajjampura Hobli, Ajjampura Taluk. It was granted to one Sri.Dasappa in 1955. The same was sold in 1971. However, resumption proceedings - 4 - HC-KAR CNR: KAHC010580812025 NC: 2026:KHC:52263 WP No. 26968 of 2025 were initiated in 2014 after laches of 43 years. The Deputy Commissioner is justified in rejecting the appeal on the grounds of laches. Therefore, I find no grounds to interfere with the order passed by the Deputy Commissioner. The petition lacks merit and accordingly it is rejected. Because of rejection of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 57