IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 957 OF 2022 (SCST)

BETWEEN:

1. SRI A K SHIVAMURTHY S/O A K RANGAPPA AGED ABOUT 54 YEARS RESIDENT OF DAGENAKATTE VILLAGE CHANNAGERE TALUK DAVANAGERE DISTRICT - 577 001.

2. SRI THIPPESH A K S/O RANGAPPA A K AGED ABOUT 52 YEARS RESIDENT OF DAGENAKATTE VILLAGE CHANNAGERE TALUK DAVANAGERE DISTRICT 577 001.

Digitally signed by …APPELLANTS RUPA V (BY SRI. SAGAR B B., ADVOCATE)

Location:

High Court AND:

Of Karnataka

1. THE STATE OF KARNATAKA REP. BY SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU 560 001.

2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE 577 001.

3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION DAVANAGERE 577 001. 4. THE TAHASILDAR CHANNAGERE TALUK CHANNAGERE DAVANAGERE DISTRICT 577 001.

5. SRI SHIVALINGAPPA S/O NINGAPPA AGED MAJOR

6. SMT. SUSHEELAMMA W/O DASHARATHAPPAA AGED ABOUT 80 YEARS

7. SRI D BASAVARAJAPPA S/O DASHARATHAPPAA SINCE DECEASED BY HIS LRS

7(a) SMT. UMA W/O LATE D BASAVARAJAPPA AGED ABOUT 45 YEARS

7(b) SMT. SAHANA D/O LATE D BASAVARAJAPPA AGED ABOUT 23 YEARS

7(c) SAGAR S/O LATE D BASAVARAJAPPA AGED ABOUT 20 YEARS

7(d) NAGARAJ S/O LATE D BASAVARAJAPPA AGED ABOUT 18 YEARS 8. SRI D MANJAPPA S/O DASHARATHAPPAA AGE MAJOR

9. SMT. VANI W/O B G JAGANNATH AGE MAJOR ALL ARE RESIDENTS OF DAGINAKATTE VILLAGE CHANNAGERE TALUK DAVANAGERE DISTRICT - 577 001.

…RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1-R4;

SRI A NAGARAJAPPA, ADVOCATE FOR R9;

R6, R7(A TO D) & R8 ARE SERVED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE ORDER DATED 13^TH SEPTEMBER 2022 IN WP No.1617/2020 (SC/ST) AND ALLOWED THE WRIT PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed by the appellants under Section 4 of the Karnataka High Court Act, 1961 challenging the order dated 13.09.2022 passed by the learned Single Judge in WP.No.1617/2020 (SC-ST).

2. Sri.Sagar B.B, learned counsel appearing for the appellants submits that the learned Single Judge has committed an error in dismissing the writ petition without appreciating the material available on record in its proper perspective. It is submitted that the learned Single Judge has failed to take note of the fact that there was no opportunity to explain the delay before the Assistant Commissioner or before the Deputy Commissioner. It is further submitted that the provisions of the Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act' is welfare legislation with a specific object to protect the interests of the grantee and there is no limitation provided under the Act to file an application for restoration and resumption. It is also submitted that the issue with regard to the validity to the amendment brought to the Act is under consideration before the learned Single Judge.

Hence, he seeks to allow the appeal.

3. Per contra, Sri.A.Nagarajappa, learned counsel for respondent No.9 supports the order of the learned Single Judge and submits that the Division Bench of this Court has considered all the aspects and affirmed the interference by the authority and the learned Single Judge, if the delay in filing the application for restoration is beyond a reasonable period. Hence, he seeks to dismiss the appeal.

4. We have heard the arguments of the learned counsel for the appellants, the learned counsel for respondent No.9 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both sides.

5. The material on record indicate