IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 711 OF 2023 (SC-ST)

BETWEEN:

SMT. POOJAMMA, SINCE DECEASED BY HER LRS, SRI. RAVI, S/O LATE VENKATAPPA, AGED ABOUT 32 YEARS, AK COLONY, MUDUGALLAMMA TEMPLE ROAD, DEVANAHALLI TOWN, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110.

…APPELLANT (BY SRI AKARSH KUMAR GOWDA, ADVOCATE)

AND:

Digitally signed by ARSHIFA BAHAR KHANAM

1. THE DEPUTY COMMISSIONER, Location: HIGH COURT OF BANGALORE RURAL DISTRICT, KARNATAKA BANGALORE - 560 001.

2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPUR - 561 203.

3. THE TAHSILDAR, DEVANAHALLI TALUK, DEVANAHALLI - 562 110.

4. SRI G. SHANKAR, S/O G. VENKATARAMANA, AGED ABOUT 55 YEARS, NO.39, VENKATADRI, M

22^ND MAIN, AYAODYA NAGAR, 5^TH PHASE, J.P.NAGAR, BANGALORE - 56 0 011.

…RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R-1 TO R-3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO BE PLEASED TO CALL FOR RECORDS AND PLEASED TO a) SET ASIDE THE IMPUGNED ORDER PASSED IN WP No-15068/2015 (SC/ST) DATED

18.01.2019 IN THE INTEREST OF JUSTICE AND EQUITY ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 16.02.2026, 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 18.01.2019 passed by the learned Single Judge in W.P.No.59068/2015 (SC-ST).

2. Sri.Akarsh Kumar Gowda, 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 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 on the date of passing of the order by the learned Single Judge the contesting respondent No.4 i.e Smt.Poojamma was not alive as she died on 12.07.2016. Hence, he seeks to allow the appeal.

3. Smt.Pramodhini Kishan, learned Additional Government Advocate appearing for respondent Nos.1 to 3 supports the order of the authorities challenged before the learned Single Judge and submits that the legal heirs of the grantee's rights are required to be protected. Hence, she seeks to pass appropriate orders.

4. We have heard the arguments of the learned counsel for the appellant, the learned AGA for respondent Nos.1 to 3 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both sides.

5. The material on record indicates that appellant is the grandson and the legal representative of one Late Sri.Venkatappa, who was granted land in Sy.No.399 measuring 4 acres 21 guntas situated at Devanahalli Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District on 11.04.1942. It is averred that the said land was sold by the original grantee vide registered sale deed dated 24.04.1953, which was in violation of the grant conditions. The appellant filed an application before respondent No.2-Assistant Commissioner under Section 5 of the Prohibition on Transfer of Certain Lands Act, 1978 (hereinafter referred to as the 'PTCL Act'). The respondent No