THE HIGH COURT OF KARNATAKA
R Devdas, J
Farooque L Dadabhoy – Appellant
Versus
State of Karnataka – Respondent
WRIT PETITION NO.26321 OF 2025
| Table of Content |
|---|
| 1. summary of land acquisition, subsequent forfeiture, and re-transfer proceedings. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding locus standi, non-disclosure of facts, and validity of land sales. (Para 5 , 6 , 7 , 8) |
| 3. courts observation on the clean hands doctrine and lack of standing due to prior forfeiture. (Para 9 , 10 , 11 , 12 , 13) |
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 22.07.2013 PASSED BY THE 3RD RESPONDENT ASSISTANT COMMISSIONER IN CASE NO.PTCL.SR(DE)66/2006-07 AS PER ANNEXURE - A AND ALSO THE ORDER DATED 10.07.2025 PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER IN CASE NO.PTCL APPEAL NO.31/2015-16 AS PER ANNEXURE-B AND ETC .,
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 02.02.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
CAV ORDER
(PER: HON'BLE MR JUSTICE R DEVDAS)
The petitioner is not only aggrieved of the impugned orders dated 22.07.2013 and 10.07.2025 at Annexures ‘A’ and ‘B’ passed by the Assistant Commissioner, Doddaballapur Sub-Division and the Deputy Commissioner, Bengaluru Rural District, respectively, but also has raised a challenge to the registered sale deeds dated 27.07.2020 and 24.02.2021.
2. A brief background of the facts, in a nutshell, is that 4.00 Acres of land in Sy.No.31/4 (new Sy.No.100) was granted in favour of Sri Honappa S/o Venkatappa. Sri Honappa sold 2.00 Acres each in favour of Sri Thimmarayappa and Smt. Anjinamma in the year 1965. One Sri Sridhar purchased both the pieces of land from Thimmarayappa and Anjinamma in the year 1974 and 1979. Sri Sridhar, thereafter sold the lands in favour of Sri Bilemariyappa on 28.09.1992. The petitioner herein purchased the properties from Sri Bilemariyappa under a registered sale deed dated 08.12.1995. The petitioner got the revenue entries made in his favour. However, it appears that proceedings were initiated under Section 83 of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as Act, 1961 for short) for violation of Sections 79A and 79B and the competent authority viz., the Assistant Commissioner initiated proceedings in LRF.SR(D)62/2003-2004 and passed an order on 10.01.2005 forfeiting the lands in favour of the Government. Pursuant thereto, mutation entries were made in M.R.No.13/2005-06 dated 12.02.2005 restoring the khata in the name of the Government.
3. In the meanwhile, one of the legal heirs of the original grantee i.e., respondent No.4-Smt.Rangamma, initiated proceedings under Section 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as ‘the PTCL Act’ for short) in proceedings bearing No.PTCL: SR(Dhe) 66:2006-07. The petitioner herein was the respondent in the said proceedings. Orders were passed by the Assistant Commissioner on 22.07.2013, with a finding that the sale transactions dated 30.07.1965 were in violation of the conditions of grant and accordingly the said transactions dated 30.07.1965 and all subsequent transactions were held to be void and were accordingly cancelled, while directing resumption of the lands from the petitioner, with a direction to restore the same in favour of the original grantee or his legal heirs. The petitioner filed an appeal under Section 5-A of the PTCL Act, before the Deputy Commissioner in PTCL 31/2015.
4. Respondents No.5 and 6 filed an impleading application before the Deputy Commissioner, in the proceedings initiated by the petitioner, contending that after the lands were restored in favour of the legal heirs of the original grantee, pursuant to the orders passed by the Assistant Commissioner, the legal heirs obtained prior permission at the hands of the State Government, in terms of Section 4(2) of the Act, on 23.07.2020 and proceeded to sell the property in favour of respondent No.5, under registered sale deed dated 27.0
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