IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.637/2023 (SC-ST)

BETWEEN: KARIYAPPA S/O LATE KUNTA RANGAPPA AGED ABOUT 41 YEARS AGRICULTURIST R/O BOKIKERE MAJURE, KASABA HOBLI K K HATTI VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

Digitally signed by RUPA V …APPELLANT Location: Hi gh Court Of (BY SRI. TEJAS B.N. ADV.,)

Karnataka AND:

1. K.S. MARALASIDDAMMA W/O LATE SIDDAPPA AGED ABOUT 65 YEARS OCC : AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

2. K.N. YATHISH S/O LATE K.S. NINGASWAMY AGED ABOUT 32 YEARS OCC: AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

3. K.S. SOUBHAGYAMMA W/O G.N. SHANKARAPPA AGED ABOUT 63 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DIST-577522.

4. S. BASAVARAJAPPA S/O LATE SIDDAPPA AGED ABOUT 50 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

5. S. DHANANJAYA S/O LATE SIDDAPPA AGED ABOUT 45 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

6. S. SHIVAMURTHY LATE SIDDAPPA AGED ABOUT 44 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

7. S. NAGARAJA S/O LATE SIDDAPPA AGED ABOUT 40 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURAGA TALUK CHITRADURGA DISTRICT-577522.

8. K.S. SHIVAPUTRAMMA W/O SHIVASHANKARAPPA AGED ABOUT 48 YEARS OCC. AGRICULTURIST R/O M.G. DIBBA VILLAGE KASABA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT-577522.

9. THE ASSISTANT COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577501.

10. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577501.

…RESPONDENTS (BY SRI. N.R. NAIK, ADV., FOR R2 SMT. PRAMODHINI KISHAN, AGA FOR R9 & R10)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING THAT THE ORDER DATED 19.03.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.57900/2016 MAY KINDLY BE SET ASIDE, BY ALLOWING THIS WRIT APPEAL AND THE WRIT PETITION, WITH COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 14.11.2025, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING:

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

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 19.03.2021 passed by the learned Single Judge in W.P.No.57900/2016 (SC/ST).

2. Sri.Shivaprasad T., learned counsel appearing for the appellant submits that the learned Single Judge has committed an error in allowing 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 the sale deed executed is in violation of the grant conditions and solely on the ground of delay, has proceeded to allow the writ petition. It is further submitted that the Karnataka Scheduled Castes and Scheduled 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. Hence, he seeks to allow the appeal.

3. Per contra, Sri.N.R.Naik, learned counsel for respondent No.2 supports the order of the learned Single Judge and submits that the learned Single Judge, after considering the material on record and the judicial precedents, has held that the application filed before respondent No.9 - Assistant Commissioner is after an enormous delay of 26 years and the same cann