- 1 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26752 OF 2026 (SC/ST) BETWEEN: SRI. L.Y. NARASIMHA REDDY S/O LATE. YARAPPA REDDY, AGED ABOUT 60 YEARS, RESIDING AT LAKSHMIDEVAKOTE VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125. …PETITIONER (BY SRI. LOKESH L.N., ADVOCATE FOR SRI. SUDHAKAR G.V., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA - 562 101. 3. SMT. MUNIYAMMA D/O MUNIVENKATAMMA @ DODDAKKAMMA, AGED MAJOR. 4. SRI. C.M. VENKATESH S/O LATE. MUNIYAPPA, AGED MAJOR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 RESPONDENTS NO. 3 AND 4 ARE RESIDING AT CHANDRAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. SURESH M., ADVOCATE FOR R3 AND R4) 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.Lokesh.L.N., counsel on behalf of Sri.Sudhakar.G.V., for the petitioner; Smt.Savithramma., Additional Government Advocate for respondent Nos. 1 & 2, and Sri.Suresha.M., counsel for respondents 3 and 4 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 - 3 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 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. AGA and counsel for respondent Nos.3 and 4 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 was granted to grantee in 1954-55. Later, the subject land was sold in 2005 through a registered sale deed. Nearly 16 years after the sale, in 2021, the resumption proceedings were initiated before the Assistant - 4 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 Commissioner. The Assistant Commissioner approved the petition and ordered the land to be resumed. Dissatisfied, an appeal was preferred to the Deputy Commissioner, who upheld the original order. However, both the Assistant and Deputy Commissioners overlooked the nearly 16-year delay in initiating these proceedings. They failed to consider the issue of laches or the petitioner's claim that the proceedings were commenced after an unreasonable delay. The authorities should have evaluated whether to proceed after nearly 16 years, especially since the rights in the land were settled by the sale deed in 2005. 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 clarified that laches should be regarded as the primary requirement when resuming - 5 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 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 legally sustained. Accordingly, the impugned orders are liable to be set aside. 6. For the foregoing reasons, the orders of the Assistant Commissioner and the Deputy Commissioner are liable to be set aside. 7. The writ of certiorari is ordered. The order dated 14.02.2025 passed by the Assistant Commissioner vide Annexure-G, and the order dated 14.08.2026 passed by the Deputy Commissioner vide Annexure-L are quashed. As this Court has quashed the orders, the authority concerned is hereby directed to restore the - 6 - HC-KAR CNR: KAHC010591592026 NC: 2026:KHC:53770 WP No. 26752 of 2026 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.: 109