- 1 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 4143 OF 2024 (SC/ST) BETWEEN: SRI GOVINDA REDDY S/O LATE MUNISHAMI, AGED ABOUT 74 YEARS, R/O ARIKUNTE VILLAGE, RONURU HOBIL, SRINIVASAPURA TALUK, KOLAR DISTRICT-563135. …PETITIONER (BY SRI. JANARDHANA B.N., ADVOCATE FOR SRI. HEGDE RAMAKRISHNA S., ADVOCATE) AND: 1. DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563101 2. ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR TALUK, KOLAR DISTRICT-563101 3. SRI GURAPPA S/O LATE VENKATASWAMY, AGED MAJOR, J THIMMASANDRA MAJARA, VADDARA COLONY, KASABA HOBLI, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 SRINIVASAPURA TALUK, KOLAR DISTRICT-563135. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. YASHWANTH, ADVOCATE FOR SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR R3) 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.Janardhana.B.N., counsel on behalf of Sri.Hegde Ramakrishna.S., for the petitioner; Smt.Savithramma., Additional Government Advocate for respondent Nos. 1 & 2, and Sri.Yashwanth., counsel on behalf of Sri.G.Balakrishna Shastry., 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 - 3 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 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. AGA and counsel for respondent No.3 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 Mr.Changappa, in 1972. Later, the subject land was sold in 1994 through a registered sale deed. - 4 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 Nearly 17 years after the sale, in 2011-12, the resumption proceedings were initiated before the Assistant 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 17-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 17 years, especially since the rights in the land were settled by the sale deed in 1994. The oversight in considering the delay and laches led to orders for land resumption being issued without adequately addressing a crucial and relevant issue. - 5 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 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 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 17.08.2023 passed by the Assistant Commissioner vide Annexure-B, and the order dated 18.01.2024 passed by the Deputy Commissioner vide Annexure-A are quashed. As this Court has quashed the orders, the - 6 - HC-KAR CNR: KAHC010074442024 NC: 2026:KHC:54576 WP No. 4143 of 2024 authority concerned is hereby directed to 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.: 53