IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100024 OF 2026 (SCST)

BETWEEN:

1. SMT. HANAUMAKKA W/O. LATE HANUMANTHAPPA, AGE: 70 YEARS, OCC: NIL, R/O: WARD NO. 3, NEAR SUNKALAMMA TEMPLE, SIDDAMMANNAHALLI VILLAGE, TQ. KURUGODU, DIST: BALLARI – 581 731.

2. SRI. DASHARATH S/O. LATE HANUMANTHAPPA, AGE: 51 YEARS, OCC: NIL, R/O: WARD NO. 5, BEHIND OLD GRAMA Digitally signed by PANCHAYAT OFFICE, VISHAL NINGAPPA PATTIHAL SIDDAMMANNAHALLI Location: High VILLAGE, TQ: KURUGODU, Court of Karnataka, Dharwad Bench, DIST: BALLARI – 581 731.

Dharwad

3. SRI. SUNKAPPA S/O. LATE HANUMANTHAPPA AGE: 47 YEARS, OCC: NIL, R/O: WARD NO. 3, NEAR SUNKALAMMA TEMPLE, TQ: KURUGODU, DIST: BALLARI – 58 1731.

… APPELLANTS (BY SRI. V.S. KALASURMATH, ADV. FOR SRI. M. V. HIREMATH, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER, D. C. OFFICE, BALLARI – 581 731.

2. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE BALLARI, OFFICE OF THE ASSISTANT COMMISSIONER, BALLARI, TQ & DIST: BALLARI – 583 731.

3. THE TAHASILDAR, KURAGODU, OFFICE OF THE TAHASILDAR, KURAGODU, TQ: KURAGODU, DIST: BALLARI – 583 731.

4. SMT. HARIJAN GANGAMMA W/O. SANNA SWAMY, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: WARD NO. 3, SIDDAMMANNAHALLI VILLAGE, TQ: KURUGODU, DIST: BALLARI – 581 731.

… RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.105023/2022 (SCST) AND ETC., THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

1. Learned AGA is directed to accept notice on behalf of respondent Nos.1 to 3.

2. Respondent No.4 is stated to have purchased the land, which is the subject matter of the writ appeal, from one Smt. Tayamma and Smt. Maremma by way of registered sale deed dated 23.06.1995. Thereafter, belatedly in the year 2013, the appellants are stated to have initiated proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 on the ground that they are the legal representatives of the original grantees and the sale is in violation of the provisions of the said Act. The learned Single Judge, based upon the decision of the Hon’ble Apex Court in JAGADISH VS. STATE OF KARNATAKA AND OTHERS, (2021) 12 SCC 812, concluded that the challenge was belated and not maintainable, and accordingly set aside the orders of the revenue authorities and upheld the sale.

3. Aggrieved by the same, the present writ appeal is filed. 4. We do not find any error in the order passed by the learned Single Judge. The sale was made way back on 23.06.1995

and was never challenged by the person who sold the property. The appellants, for the first time, challenged the sale belatedly in the year 2013. The same is hit by delay and laches, as held by the Hon'ble Apex Court in JAGADISH VS. STATE OF KARNATAKA (Supra) and also in the case of NEKKANTI RAMA LAKSHMI VS. STATE OF KARNATAKA AND ANOTHER, ILR 2018 KAR 1352, as well as in several other judgments. Such a belated challenge to the sale is not maintainable.

5. Further, there is a delay of 483 days in filing this writ appeal, and the delay has not been properly explained.

6. For the aforementioned reasons, the writ appeal is hereby dismissed, and the application in I.A. No.1 of 2026 filed for condonation of delay stands rejected.

Sd/-

(M.I.ARUN)

JUDGE Sd/-

(B. MURALIDHARA PAI)

JUDGE VNP / CT: ASC List No.: 1 Sl No.: 30