SRI. SHADAKSHARI B C vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57592
WP No. 21939 of 2023
CNR: KAHC010510352023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 21939 OF 2023 (SC-ST)
BETWEEN:
1. SRI. SHADAKSHARI B C
S/O LATE CHANNABASAPPA,
AGED ABOUT 73 YEARS,
RESIDING AT BENNACHAGERE VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMAKURU DISTRICT - 574 221.
2. GANGAMMA
W/O LATE REVANNASIDDAIAH,
AGED ABOUT 65 YEARS,
3. SURESHA
S/O LATE REVANNASIDDAIAH,
AGED ABOUT 40 YEARS,
4. KRISHNA
S/O LATE REVANNASIDDAIAH,
AGED ABOUT 40 YEARS,
PETITIONERS NO.2 TO 4 ARE
RESIDING OF BYADIGERE,
KASABA HOBLI,
GUBBI TALUK - 574 221.
…PETITIONERS
(BY SRI. CHANDAN B.K., ADVOCATE FOR
SRI. NATARAJ BABA K., ADVOCATE)
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:57592
WP No. 21939 of 2023
CNR: KAHC010510352023
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDINGS,
BENGALURU - 560001.
2. THE DEPUTY COMMISSIONER,
TUMAKURU DISTRICT,
TUMAKURU - 571 112.
3. THE ASSISTANT COMMISSIONER
TUMAKURU SUB DIVISION,
TUMAKURU - 571 112.
4. THE TAHASILDAR
GUBBI TALUK,
GUBBI - 572 216.
5. DEVARAJU M S
S/O LATE SANNAKANCHIGAIAH,
AGED ABOUT 34 YEARS,
6. DHANUSH M D
S/O. DEVARAJU,
AGED ABOUT 12 YEARS,
7. DINESH M D
S/O. DEVARAJU,
AGED ABOUT 10 YEARS,
RESPONDENTS NO.6 AND 7 ARE MINORS
REPRESENTED BY RESPONDENT 5
WHO IS FATHER OF RESPONDENT NO.6 AND 7
RESPONDENT 5 AND 7 ARE
R/O MADENAHALLI VILLAGE,
KASABA HOBLI, GUBBI TALUK,
TUMAKURU - 571 112.
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NC: 2026:KHC:57592
WP No. 21939 of 2023
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8. NAGARAJU
S/O LATE SANNAKANCHIGAIAH,
AGED ABOUT 48 YEARS,
9. KANCHIPATHAIAH
S/O LATE SANNAKANCHIGAIAH,
AGED ABOUT 46 YEARS,
RESPONDENTS NO.8 AND 9 ARE
RESIDING AT MADENAHALLI VILLAGE,
KASABA HOBLI, GUBBI TALUK,
TUMAKURU - 571 112.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4 ;
SRI. PRANESH CHANDRA, ADVOCATE FOR R5 TO R7;
R6 AND R7 ARE MINORS REPRESENTED
BY NATURAL GUARDIAN R5;
R8 AND R9 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY,
AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Chandan B.K., counsel on behalf of Sri.Nataraj
Baba K., for the petitioners, Smt.Savithramma, Additional
Government Advocate for respondent Nos.1 to 4,
Sri.Pranesh Chandra, counsel for respondent Nos.5 to 7
appeared in person.
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HC-KAR
NC: 2026:KHC:57592
WP No. 21939 of 2023
CNR: KAHC010510352023
2. The petition is filed seeking a writ of certiorari
to quash the orders passed by the Assistant Commissioner
and the Deputy Commissioner. These orders are
challenged in this writ petition on several grounds as set
out in the memorandum of the writ petition.
3. Counsel for the respective parties advanced
several contentions.
Additional Government Advocate submits that
appropriate orders may be passed.
Counsel appearing for respondent Nos. 5 to 7
vehemently contends that the sale deed executed by Sri.
Sannakanchigaiah is not binding on the applicants, as they
were minors. He further contends that there is no delay or
laches on the part of the applicants in initiating the
resumption proceedings. He submits that Section 5 of the
Act has been amended and that no limitation is prescribed
for initiating such proceedings. Urging additional grounds,
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WP No. 21939 of 2023
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he submits that the petition lacks merit and the same may
be dismissed.
4. The Court heard the arguments and carefully
perused the papers.
5. The issue falls within a narrow compass and
relates to the resumption proceedings initiated by the
family of the grantee after 19 years. The land in question
was granted to one Sri.Sannakanchigaiah in 1977. He has
sold the property in favor of one Sri.Revannasiddaiah in
2003. Sri.Revannasiddaiah executed a registered
Agreement for Sale in favor of petitioner No.1 on
29.08.2010 and agreed to sell the said property. However,
the sale deed was not executed and he died later on. The
petitioner No.1 filed a suit against the legal
representatives of Sri.Revannasiddaiah in O.S.No.134 of
2021 for the relief of specific performance and the suit
ended in a compromise and have agreed to execute a sale
deed in favor of petitioner No.1.
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Strangely, the legal representatives of the grantee
filed application seeking resumption of the land in 2022,
contending that there is a violation of the provisions of the
PTCL Act. The Assistant Commissioner allowed the claim
and the Deputy Commissioner confirmed the order. The
orders are untenable in law. Both the authorities have
overlooked the laches on the part of the family of the
grantee in seeking resumption proceedings. Admittedly, in
the present case, the proceedings were initiated after a
lapse of 19 years. There is a inordinate delay and laches
on the part of the family of the grantee seeking
resumption of the land.
6. The Division Bench clarified that laches should
be regarded as the primary requirement when resuming
lands. It also held that if restoration action is filed after a
significant delay, it could be barred by laches.
7. In the facts and circumstances of the case, this
Court is of the considered view that the orders passed by
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the Assistant Commissioner and confirmed by the Deputy
Commissioner, directing resumption of the subject land,
cannot be legally sustained. Accordingly, the impugned
orders are liable to be set aside.
8. For the foregoing reasons, the orders of the
Assistant Commissioner and the Deputy Commissioner are
liable to be set aside.
9. The writ of certiorari is ordered. The order
dated 15.12.2022 passed by the Assistant Commissioner
vide Annexure-B, and the order dated 11.09.2023 passed
by the Deputy Commissioner vide Annexure-A are
quashed. As this Court has quashed the orders, the
authority concerned is hereby directed to restore the
petitioners' name in the subject land in the revenue
records.
allowed
10. Resultantly, the writ petition is .
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HC-KAR
NC: 2026:KHC:57592
WP No. 21939 of 2023
CNR: KAHC010510352023
On disposal of the Writ Petition, any interim order
stands discharged, and any pending interlocutory
applications, if any, are disposed of.
Sd/-
(JYOTI M)
JUDGE
SS
List No.: 1 Sl No.: 17