BYATARAYAPPA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 31713 OF 2024 (SC-ST)
BETWEEN:
BYATARAYAPPA
S/O KEMPANNA
AGED ABOUT 64 YEARS
R/AT CHEED CHIKKANAHALLI VILLAGE
NANDI HOBLI,
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT-562101.
…PETITIONER
(BY SRI. ABUBACKER SHAFI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUILDING
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562101.
3. THE ASSISTANT COMMISSIONER
CHIKKABALLAPURA SUB DIVISION
CHIKKABALLAPURA DISTRICT-562101.
4. P. NARASIMHAMURTHY
S/O POOJAPPA
AGED MAJOR
R/AT CHEED CHIKKANAHALLI VILLAGE
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
NANDI HOBLI
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT-562101.
5. MALLAMMA
W/O LATE DODARANGAPPA
AGED ABOUT 90 YEARS
(R4, R7 & R8 ARE LRS OF DECEASED R5 VIDE
COURT ORDER DATED 13.08.2026 AND ORDER
DATED 07.09.2026)
6. NARASAMMA
S/O LATE POOJAPPA
AGED ABOUT 70 YEARS
7. KAMALAMMA
D/O LATE POOJAPPA
AGED ABOUT 35 YEARS
8. BHAGYAMMA
D/O LATE POOJAPPA
AGED ABOUT 30 YEARS
9. LAKSHMAMMA
D/O DODDAGANGAPPA
AGED ABOUT MAJOR
10. GANGAMMA
D/O DODDAGANGAPPA
AGED ABOUT MAJOR
RESPONDENTS NO.4 TO 9 ARE
R/AT CHIKKAKADIGANAHALLI VILLAGE
NANDI HOBLI,
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT-562101.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. H.C. SHIVARAMU, ADVOCATE FOR
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
SRI. PRABHU V., ADVOCATE FOR R4, R6 TO R10;
V/O DATED 13.08.2026, R4, R7 & R8 ARE
TREATED AS LRS OF DECEASED R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Abubacker Shafi., counsel for the petitioner appeared
through video conferencing.
Smt.Savithramma., Additional Government Advocate., for
respondent Nos.1 to 3 and Sri.H.C.Shivaramu., counsel
appearing on behalf of Sri.Prabhu.V., for respondent Nos.4, 6
to 10 appeared in person.
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.
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
3. Counsel for the respective parties advanced several
contentions. The Court heard the arguments and carefully
perused the papers.
4. The issue falls within a narrow compass and it
relates to the resumption proceedings. The subject land was
granted in 1945-46 to an extent of 2 acres. An extent of 1 acre
20 guntas was sold in 1969.
Nearly 37 years after the sale, in 2006, the resumption
proceedings were initiated before the Assistant Commissioner.
The Assistant Commissioner allowed the petition and ordered
the land to be resumed. Dissatisfied, an appeal was preferred
to the Deputy Commissioner, Dissatisfied, an appeal was
preferred to the Deputy Commissioner, who allowed and
remand the matter back to the Assistant Commissioner.
However, both the Assistant and Deputy Commissioners
overlooked the nearly 37 years delay in initiating these
proceedings. They failed to consider the issue of laches or the
petitioner's claim that the proceedings were commenced after
an unreasonable delay.
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
The authorities should have evaluated whether to proceed
after nearly 37 years, especially since the rights in the land
were settled by the sale deed in 1969. The oversight in
considering the delay and laches led to orders for land
resumption being issued without adequately addressing a
crucial and relevant issue.
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.
In the facts and circumstances of the case, this Court is
of the considered view that the orders passed by the Assistant
Commissioner and the Deputy Commissioner, cannot be legally
sustained. Accordingly, the impugned orders are liable to be set
aside.
Lastly, counsel appearing for respondent Nos.4 and 6 to
10 submits that the sale deed pertains to only an extent of 1
acre 20 guntas. However, the name of the purchaser has been
entered in the Record of Rights (RTC) in respect of 2 acres,
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
without any basis and contrary to the extent conveyed under
the sale deed. Accordingly, counsel seeks appropriate orders in
this regard.
Having regard to the said submission and the fact that
the sale was confined to an extent of 1 acre 20 guntas, the
revenue authorities are directed to rectify the entries in the
RTC by restoring the name of the petitioner in respect of 1 acre
20 guntas and entering the names of the legal heirs of the
original grantee in respect of the remaining extent. The said
exercise shall be completed within a period of four weeks from
the receipt of a certified copy of this order.
5. For the foregoing reasons, the orders of the
Assistant Commissioner and the Deputy Commissioner are
liable to be set aside.
6. The writ of certiorari is ordered. The order dated
04.01.2013 passed by the Assistant Commissioner vide
Annexure-C, and the order dated 16.02.2024 passed by the
Deputy Commissioner vide Annexure-M are quashed.
allowed
7. Resultantly, the writ petition is .
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HC-KAR
NC: 2026:KHC:57973
WP No. 31713 of 2024
CNR: KAHC010596832024
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
CH
List No.: 1 Sl No.: 37