IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE S G PANDIT

AND

THE HON'BLE MRS JUSTICE GEETHA K.B.

WRIT APPEAL NO.100330 OF 2025 (SCST)

BETWEEN: TULAJAPPA

S/O TUKARAM LAMANI

AGED ABOUT 75 YEARS,

RESIDING AT SANGAPURA,

GANGAVATHI TALUK,

DISTRICT. KOPPAL-583227.

…APPELLANT

(BY SRI. VINAYAK VAMANRAO KULKARNI, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,

DISTRICT. KOPPAL-583231.

2. THE ASSISTANT COMMISSIONER,

KOPPAL SUB-DIVISION,

Digitally signed by BHARATHI H M

L C o O c U at R io T n O : F HIGH DISTRICT. KOPPAL-583238.

KARNATAKA

D D 11 H a : t 0 A e 5 : R : 2 W 4 0 1 A 2 + D 5. 0 1 B 5 2 E 3 . N 1 0 8 CH

3. THE PANCHAYAT DEVELOPMENT OFFICER,

SINGAPUR GRAM PANCHAYAT,

TALUK. GANGAVATHI,

DIST. KOPPAL-583227.

4. SMT. KELLA VENKATESHWARAMMA

W/O APPALACHARI

AGED ABOUT 78 YEARS,

REPRESENTED BY HER GPA HOLDER,

APPALACHARI S/O VEERACHARI

AGED ABOUT 87 YEARS,

RESIDING AT SANGAPUR, TQ. GANGAVATHI, DISTRICT. KOPPAL-583227.

5. SRI. H.M. GURUPADASWAMY S/O RUDASWAMY AGED ABOUT 64 YEARS, RESIDING AT SANGAPUR, GANGAVATHI TALUK, DISTRICT. KOPPAL-583227.

…RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 & R2;

SRI. VIJAYKUMAR BALAGERIMATH, ADVOCATE FOR R3;

SRI. SABEEL AHAMED, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE FOR R4 & R5)

THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE PRESENT WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 26.03.2025 PASSED IN WRIT PETITION NO.105897/2015 (SC- ST) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND DISMISS THE WRIT PETITION FILED BY THE RESPONDENTS HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

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

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

First respondent before the learned single judge is in appeal questioning the order dated 26.03.2025 in WP No.105897/2015, whereunder resumption order dated 07.08.2012 passed under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978(for short ‘PTCL’ Act) in respect of land in Survey No.24/3 to a total extent of 3 acres

36 guntas is quashed.

2. Heard learned counsel Sri.Vinayak Vamanrao Kulkarni, for appellant through video conference, learned Sri. Sharad V. Magadum, AGA for respondent Nos.1 and 2 and learned counsel Sri.Vijayakumar Balagerimath for respondent No.3 and Sri.Sabeel Ahamad, learned counsel for respondent Nos.4 and 5 and perused the entire appeal papers.

3. The parties to the appeal would be referred as per their rank before the learned single judge.

4. Appellant was respondent No.1 and respondent No.4 was the petitioner before the learned Single Judge.

5. Respondent No.1-grantee claims that land measuring 2.26 guntas in Sangapura village, Koppal Taluk in Survey No.24/3 was granted to respondent No.1. In terms of grant order dated 25.11.1971 an extent of 1 acre 10 guntas of land was sold in favour of respondent No.5 under sale deed dated 26.06.1996 and land to an extent of 1 acre 16 guntas was sold in favour of respondent No.6 under sale deed dated 03.05.2002. Thereafter, proceedings under Section 5 of PTCL Act were initiated by filing an application on 19.10.2010. The said application was entertained and by order dated 07.08.2012, land in question was ordered to be restored in favour of respondent No.1 against which the purchasers- respondent Nos.5 and 6 filed appeal before the Deputy Commissioner and the Deputy Commissioner by order dated 07.05.2015 dismissed the appeal by confirming the order passed by the Assistant Commissioner. Challenging the order of the respondent Nos.1 and 2, petitioners were before this Court in the above said writ petition No.105897/2015. Learned single judge after hearing both the parties under impugned order dated 26.03.2025 allowed the writ petition and quashed the order of the Deputy Commissioner