IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1184 OF 2024 (SCST)

BETWEEN:

SRI C GURUSWAMY S/O SRI. CHIKKANNA, AGED ABOUT 65 YEARS, RESIDING AT MUNTIPURA VILLAGE, KASABA HOBLI, GUNDLUPET TALUK, CHAMARAJANAGARA DISTRICT PIN 571 313 …APPELLANT (BY SRI. GIRISH M K, ADVOCATE)

AND:

1. SMT NEELAMMA Digitally SINCE DEAD BY HER LRS signed by SRI D RAJU NIRMALA S/O DHOLLAPPA, DEVI AGED ABOUT 54 YEARS, Location:

HIGH R/AT PUNJANAHALLI VILLAGE, COURT OF GUNDLUPET TALUK, KARNATAKA CHAMARAJANAGARA DISTRICT PIN 571 313

2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT M.S.BUILDING, BANGALORE 560 001

3. THE DEPUTY COMMISSIONER, CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571 313

4. THE ASSISTANT COMMISSIONER, KOLLEGAL SUB-DIVISION, KOLLEGAL, CHAMARAJANAGARA DIST PIN 571 313 …RESPONDENTS (BY SRI. A MADHUSUDHANA RAO, ADVOCATE FOR R1 SMT. NAMITHA MAHESH, AGA FOR R2 & R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 23.11.2020 PASSED IN WP No-6568/2017 (SC-ST) BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal impugning the order dated 23.11.2020 [impugned order] passed by the learned Single Judge in Writ Petition No.6568/2017 (SC/ST).

2. The first respondent had filed the said writ petition assailing the order dated 03.01.2005 passed by respondent No.3 (Assistant Commissioner, Kollegal Sub-Division) resuming the subject land under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act]. Respondent No.1 (writ petitioner) had unsuccessfully assailed the said decision before respondent No.3 (Deputy Commissioner) and his appeal was also dismissed by an order dated 07.02.2007.

3. Briefly stated the relevant facts are that the subject land [Land measuring 4 acres located in Survey No. 242, Beragi Village, Gundalpet Taluk] was granted to the appellant's father late Sri Chikanna, on 30.03.1973. The Saguvalichit with respect to the subject land was issued on 30.07.1975. Thereafter, the appellant and his mother [Smt. Siddamma] sold the subject land by a registered Sale Deed dated 20.06.1978 to Smt.

Gowramma.

4. Smt.Gowramma further sold the subject land by a registered Sale Deed dated 22.09.2003 in favour of Neelamma [writ petitioner].

5. On 03.01.2005, the Assistant Commissioner passed an order for resumption of the subject land, on the ground that the subject land was sold in contravention of Sub-section (1) of Section 4 of the PTCL Act and accordingly, the subject land was restored in favour of the legal heirs of the original grantee [Shri Chikkanna]. 6. As noted above, the appeal against the said order was rejected. However, the writ petitioner succeeded in setting aside the said order before the learned Single Judge in the writ petition, which was disposed of by the impugned order. The learned Single Judge found that the action of restoration is hopelessly barred by limitation and latches. There is no dispute that the appellant and legal heirs of late Chikkanna had sold the subject land on a registered Sale Deed executed on 20.06.1978. The action for resumption of the subject land had been initiated in the year 2004, more than 26 years after the subject land has been alienated. Learned Single Judge following the decision of the Hon'ble Supreme Court in the case of NEKKANTI RAMA LAKSHMI v/s STATE of KARNATAKA: [(2020) 14 SCC 232] and in the case of MR. VIVEK M. HINDUJA AND OTHERS V.

MR.ASHWATHA AND OTHERS: 2019 Kar.L.J.819 (SC), allowed t