IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^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.984/2023 (SC-ST)

BETWEEN:

SHRI. THIMMAIAH S/O LATE CHIKKA HANUMAIAH AGED ABOUT 55 YEARS C/O R. LOKESH REDDY S/O S. RAMAIAH REDDY Digitally signed KONANAKUNTE CROSS by ARSHIFA KANAKAPURA ROAD BAHAR KHANAM BANGALORE - 560062.

Location: High …APPELLANT Court Of Karnataka (BY SRI. SUDHAKAR G.V. ADV.,)

AND:

1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE - 560009.

2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION BENGALURU - 560009.

SHRI. C.V. REDDY S/O LATE SHRI. NARAYANA REDDY RESIDING AT NO.796

12TH A CROSS, 2ND MAIN ROAD

2ND PHASE, J P NAGAR BENGALURU - 560078 SINCE DECEASED BY HIS LRS. 3. SHRI. RYAN RAGHU ALLEN S/O SHRI. REDDY V. ALLEN AGED ABOUT 21 YEARS.

4. SHRI. RHEA PRIYANKA ALLEN D/O SHRI. REDDY V. ALLEN AGED ABOUT 20 YEARS.

BOTH RESPONDENT NOS.3 & 4 ARE RESIDING AT NO.22 SHORT HILLS, BLVD JACKSON -08527, UDA.

REPRESENTED BY THEIR GPA HOLDER SMT. SOUNDARYA RAGHU D/O LATE C.V. REDDY AGED ABOUT 70 YEARS RESIDING AT NO.796, 12TH B CROSS

2ND PHASE, 2ND MAIN ROAD J P NAGAR, BENGALURU - 560078.

SMT. MUNIYAMMA W/O CHIKKA HANUMAIAH AGED ABOUT 80 YEARS SINCE DEAD BY LRS.

5. SHRI. VENKATESH S/O CHIKKA HANUMAIAH AGED ABOUT 54 YEARS.

6. SMT. RATHNAMMA D/O CHIKKA HANUMAIAH AGED ABOUT 45 YEARS.

BOTH RESPONDENT NOS.5 & 6 ARE RESIDING AT NO C/O R. LOKESH REDDY S/O S. RAMAIAH REDDY KONANAKUNTE CROSS KANAKAPURA ROAD BENGALURU - 560062. 7. SMT. N. SHAILAJA W/O SHRI V.N. MANJUNATH AGED ABOUT 39 YEARS NO.140/5, 18TH MAIN

5TH PHASE, J P NAGAR BANGALORE - 560 078.

…RESPONDENTS (BY SRI. P.N. NANJA REDDY, ADV., FOR C/R3 & R4)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR RECORDS. SET ASIDE THE JUDGMENT AND ORDER DATED 13/04/2023 PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. NO.40737/2012 AND CONSEQUENTLY DISMISS THE WRIT PETITION IN WP NO.40737/2012 & 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 appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 13.04.2023 passed by the learned Single Judge in W.P.No.40737/2012 (SC-ST).

2. Sri.Sudhakar G.V., 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 there was no opportunity to explain the delay either before the Assistant Commissioner or before the Deputy Commissioner. It is further submitted that the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act') is a 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 validity of 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.P.N.Nanja Reddy, learned counsel for respondent Nos.3 and 4 supports the order of the learned Single Judge and submits that the Division Bench of this Court has considered similar matters and held that if there is any unreasonable delay in filing an application for restoration, the same is liable to be rejected. The learned Single Judge considered all the aspects including the decisions of the Hon'ble Supreme Court and allowed the writ petition which does not call for any interference. Hence, he seeks to dismiss the appeal.