The petitioner, who asserts to be the grandson of

the original grantee, Sri Sanjeevappa of the land

measuring 3 acres in Sy.No.49 (Old No.23/1) of

3

Kudurekonda village, Nyamati Taluk, Belagutti Hobli,

Davanagere [the subject land], has impugned the order

dated 26.10.2021 in PTCL/CR-10/2018-19 [Annexure-

B] by the Deputy Commissioner, Davanagere District

[the second respondent].

2.

The

Assistant

Commissioner

[the

first

respondent]

by

the

order

dated

18.12.2017

in

PTCL/CR/09/2013-14 has allowed the petitioner9s

application for restoration and resumption of the

subject land under Section 5 of the Karnataka

Scheduled Caste and Tribe [Prohibition of Transfer of

Certain Lands] Act, 1978 (for short 'the PTCL Act'). But,

the Deputy Commissioner by the impugned order dated

26.10.2021 in the appeal under Section 5A of the PTCL

Act has set aside the Assistant Commissioner9s order

after a detailed discussion on the ground of delay

rejecting the petitioner9s application.

4

3.

Sri Sanjeevappa is granted the subject land

on 09.11.1956 subject to the condition that he shall not

alienate the same for a period of 15 years. After the

partition in Sri. Sanjeevappa9s family, the subject land

is sold to Sri Yagneshwarappa on 27.04.1984. The

third respondent and Sri N.Manjappa [who is now

represented by his legal heirs viz., respondents No.4 to

7] have purchased the subject land on 11.02.1987 from

Sri Yagneshwarappa. The petitioner has filed his

application

with

the

Assistant

Commissioner

for

resumption and restoration of the subject land to all the

legal heirs of the original grantee Sri Sanjeevappa in the

year 2013-14.

4.

The Deputy Commissioner has examined the

merits of the Assistant Commissioner9s order in the light

of these undisputed facts and the law declared that the

proceedings for resumption and restoration must be

initiated

without

inordinate

delay

and

within

a

5

reasonable time and if the proceedings are not so

initiated, the same would be fatal.

5.

Sri R.Gopal, the learned counsel for the

petitioner, submits that the petitioner9s principal

grievance is because of the lack of opportunity to show

cause

against

the

finding

of

inordinate

and

unreasonable delay in initiating the proceedings. The

petitioner was not aware of the partition in the family in

the year 1982 and he is also not a party to the sale deed

dated 27.04.1984. The petitioner, who was not aware of

either the partition or the sale deed dated 27.04.1984 in

favour of Sri Yagneshwarappa [or, the subsequent sale

deed dated 11.02.1987 executed by him], has filed the

present application for resumption and restoration

immediately upon coming to know of the sale under

these two deeds. However, the petitioner could not

elaborate on the explanation because the purchasers,

the third and the fourth respondents, did not object to

6

the resumption and restoration on the ground of delay

before the Assistant Commissioner.

6.

Sri R.Gopal also submits that a Division

Bench of this Court in P. Kamala vs. State of

Karnataka reported in ILR 2019 Kar 3301 has held

that before an application under Section 5 of the PTCL

Act is rejected the applicant must be afforded an

opportunity to explain the delay in initiating the

proceedings. The petitioner is denied such opportunity.

Therefore, this Court must restore the proceedings to

the second respondent after quashing the impugned

order.

7.

As

against

these

submissions,

Sri

P.N.Harish, the learned counsel for the third to seventh

respondents

-

the

purchasers

from

Sri.

Yagneshwarappa submits that these purchasers have

called in question the Assistant Commissioner's order

specifically on the ground of delay. In support of their

7

case in this regard, they have relied upon different

decisions including the decisions of the Hon9ble

Supreme Court in Nekkanti Rama Lakshmi vs. State

of Karnataka and another reported in (2020)14 SCC

232 and Vivek M Hinduja and other vs M. Ashwath,

reported in 2017 SCC online SC 1858. The Deputy

Commissioner