IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1876 OF 2024 (SC-ST)

BETWEEN:

1. SMT. BHARATHAMMA D/O LATE RAMAKRISHNAPPA AGED ABOUT 46 YEARS R/AT NO.17, THIPPANAHALLI VILLAGE NUGITHAHALLI MAJARA NANDI HOBLI CHICKBALLAPUR TALUK - 562 101 CHICKBALLAPUR DISTRICT …APPELLANT Digitally (BY SRI RAJESH P. MAHALE, SENIOR ADVCOATE A/W signed by SRI MADHUKAR NADIG, ADVOCATE FOR SRIDEVI S SRI HANUMANTHAPPA HARAVI B. GOWDAR, ADVOCATE)

Location:

High Court of Karnataka AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE - 560 001

2. THE DEPUTY COMMISSIONER CHICKBALLAPUR DISTRICT CHICKBALLAPUR - 562 101

3. THE ASST. COMMISSIONER CHICKBALLAPUR SUB-DIVISION CHICKBALLAPUR - 562 101

4. THE TAHASILDAR CHICKBALLAPUR - 562 101

5. SRI H RAJRATHNAM S/O H.D. HANUMANTHARAYAPPA AGED ABOUT 75 YEARS R/AT NUGATHAHALLI VILLAGE NANDI HOBLI CHICKBALLAPUR TALUK - 562 101 CHICKBALLAPUR DISTRICT …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO R-4 & SRI M. SHIVAPRAKASH, ADVOCATE FOR R-5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.11.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.20995/2024 & ETC.

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, who is the daughter of late Ramakrishnappa, has filed the present appeal impugning an order dated 15.11.2024 passed by the learned Single Judge of this Court in WP.No.20995/2024 (SC-ST). The appellant had filed the said petition impugning the order dated 22.09.2023 passed by respondent No.2 [the Deputy Commissioner], setting aside the order dated 19.04.2022 passed by respondent No.3 [the Assistant Commissioner], restoring the subject land in favour of the legal heirs of late Ramakrishnappa [original grantee]

2. The land measuring 2 acres and 37 guntas falling in Survey No.54 (New Sy.No.160) of Nugathahalli Village, Nandi Hobli, Chickballapura, was granted in favour of the original grantee, late Ramakrishnappa. On 10.08.1982, the saguvali chit was issued in favour of the original grantee with a condition that the subject property would not be alienated for a period of fifteen years.

3. One Sri. N. M. Muniyappa claimed that he acquired title to the subject property pursuant to a deed of settlement of partition dated 15.12.1991. He claimed that the subject land came to his exclusive possession in 1991. On 24.08.1996, he filed a suit, OS.No.368/1996, inter alia, praying for a declaration that he was the absolute owner of the subject property and further restraining the original grantee and his wife (who were arrayed as defendants in the suit) from entering upon or otherwise interfering in his peaceful possession of the subject land.

4. The summons in the suit was issued. Thereafter, the parties to the suit filed an application under Order XXIII Rule 3 of the CPC to record the settlement, whereby the defendants in the suit (late Ramakrishnappa and his wife) accepted that the subject land was settled in favour of Sri Muniyappa. In view of the said settlement, Sri Muniyappa was declared the owner of the subject land.

5. Thereafter, on 20.10.2008, Sri. Muniyappa was granted permission under Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)

Act, 1978 [PTCL Act] for sale of the subject land.

6. Sri. Muniyappa sold the subject land under a sale deed dated

13.05.2010.

7. Thereafter, on 16.06.2010, the original grantee filed a suit, being O.S.No.278/2010, seeking a declaration of his title in respect of the subject property. The said suit was dismissed by a decree dated 02.03.2018. Aggrieved by t