SMT. RATHNAMMA @ NAGARATHNAMMA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
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. 15371 OF 2025 (SC-ST)
BETWEEN:
1. SMT. RATHNAMMA @ NAGARATHNAMMA
W/O LATE PARAMESH,
AGED ABOUT 63 YEARS,
2. SRI. NEELAKANTAIAH
S/O. LATE PARAMESH,
AGED ABOUT 53 YEARS,
3. SMT. JYOTHIPRABHA
W/O D/O RUDRAPPA,
AGED ABOUT 48 YEARS,
4. SRI. C. R. VEERABHADRASWAMY
S/O LATE RUDRAPPA,
AGED ABOUT 45 YEARS,
5. SRI. SHIVAKUMAR
S/O. LATE. RUDRAPPA,
AGED ABOUT 58 YEARS,
6. SRI. PANCHAKSHRAIAH
S/O. LATE. GURUSIDDAIAH,
AGED ABOUT 53 YEARS,
ALL ARE RESIDING AT: CHIKKAHALLI VILLAGE,
URDIGERE HOBLI - 572 140,
TUMAKURU TALUK AND DISTRICT.
…PETITIONERS
(BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)
Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
MS BUILDING,
DR B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT,
MINI VIDHANA SOUDHA,
DR. B.R. AMBEDKAR ROAD,
TUMAKURU- 572 101.
3. THE ASSISTANT COMMISSIONER
TUMAKURU SUB-DIVISION,
MINI VIDHANA SOUDHA,
DR B.R. AMBEDKAR ROAD,
TUMAKURU - 572 101.
4. SMT. UMADEVI
W/O. ANJINAMURTHY,
MAJOR - AGE NOT KNOWN TO PETITIONERS,
RESIDING AT: C/O. HANUMANTHARAJU @ ANU,
TH
4 CROSS,
NEAR DURGAMMA TEMPLE,
N.R. COLONY, KOTHITOPU,
TUMAKURU CITY - 572 102.
5. SMT. GOWRAMMA
W/O. LATE. GURUSIDDAIAH,
AGED ABOUT 73 YEARS,
6. SRI. SHIVASHANKAR @ SHIVASHANKARAIAH
S/O. LATE. GURUSIDDAIAH,
AGED ABOUT 55 YEARS,
RESIDING AT: CHIKKAHALLI VILLAGE,
- 3 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
URDIGERE HOBLI - 572 140,
TUMAKURU TALUK AND DISTRICT.
…RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE FOR R5;
VIDE ORDER DATED:06.10.2026, NOTICE TO R4 IS HELD
SUFFICIENT AND NOTICE TO R6 IS DISPENSED WITH)
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.V.B.Siddaramaiah., counsel for the petitioners,
Smt.Savithramma., Additional Government Advocate., for
respondent Nos.1 to 3, Sri.Prabhugoud.B.Tumbigi., counsel for
respondent No.5 appeared in person.
2. The petition is filed seeking the following reliefs:
"a. Issue a writ in the nature of certiorari or any
other appropriate writ or order, to set-aside the
order dated:07.04.2025, passed by The 2nd
Respondent, the Deputy Commissioner, Tumakuru
District, Mini Vidhanasoudha, Dr.B.R.Ambedkar
Road, Tumakuru in case No.PTCL 14/2024, vide
Annexure-H.
- 4 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
b. Issue a writ in the nature of certiorari or any
other appropriate writ or order, to set-aside the
order dated: 30.02.2024, passed by The 3rd
Respondent, the Assistant Commissioner,
Tumakuru Sub-Division, Mini Vidhanasoudha,
Dr.B.R.Ambedkar Road, Tumakuru, in case bearing
No.PTCL 16/2022-23, vide Annexure-G.
c. Pass any other appropriate order which this
court deems fit to pass in the facts and
circumstances of the case in the interest of justice
and equity."
3. 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.
4. Counsel for the respective parties advanced several
contentions.
AGA submits that the appropriate orders may be passed.
5. The Court heard the arguments and carefully
perused the papers.
- 5 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
6. The issue falls within a narrow compass and it
relates to the resumption proceedings. The land in question
was granted to one Sri.Huchaiah, in 1964. Later, it was sold in
19 66.
Nearly 41 years after the sale, in 2007-08, the
resumption proceedings were initiated by the family of the
grantee before the Assistant Commissioner. The Assistant
Commissioner allowed the claim and ordered the land to be
resumed. Dissatisfied, an appeal was preferred to the Deputy
Commissioner, who remanded the matter back to the Assistant
Commissioner. After the remand, the Assistant Commissioner
has allowed the claim. Against which, an appeal was preferred
to the Deputy Commissioner, who confirmed the order of the
Assistant Commissioner. However, both the Assistant and
Deputy Commissioners overlooked the nearly 41 years delay in
initiating these proceedings. They failed to consider the issue of
laches or the petitioners' claim that the proceedings were
commenced after an unreasonable delay.
The authorities should have evaluated whether to proceed
after nearly 41 years, especially since the rights in the land
- 6 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
were settled by the sale deed in 1966. 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.
7. For the foregoing reasons, the orders of the
Assistant Commissioner and the Deputy Commissioner are
liable to be set aside.
8. The writ of certiorari is ordered. The order dated
30.02.2024 passed by the Assistant Commissioner vide
Annexure-G, and the order dated 07.04.2025 passed by the
- 7 -
HC-KAR
NC: 2026:KHC:57976
WP No. 15371 of 2025
CNR: KAHC010340152025
Deputy Commissioner vide Annexure-H are quashed. As this
Court has quashed the orders passed by the Assistant
Commissioner and the Deputy Commissioner, the rectification
order dated 13.03.2024 passed by the Assistant Commissioner
vide Annexure-J is also liable to be set aside and it is 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 and the p ossession of
the subject land to be restored to the petitioners.
allowed
9. Resultantly, the writ petition is .
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.: 47