Karnataka High Court
Property and Real Estate LawAdministrative and Public Law

A grantee who personally sells granted land cannot later initiate resumption proceedings.

SRI. K V VENKATARAVANAPPA vs THE STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
A grantee who personally sells granted land cannot later initiate resumption proceedings.. SRI. K V VENKATARAVANAPPA vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The land in dispute was granted to Govindappa in 1977.

Source reference: no citation

In 2005, Govindappa sold the entire property to petitioner No. 1 by registered sale deed.

Source reference: p.2–5

In 2014, Govindappa initiated resumption proceedings before the Assistant Commissioner.

Source reference: p.2–5

The Assistant Commissioner ordered resumption on 18 January 2018, and the Deputy Commissioner affirmed that order on 17 June 2019.

Source reference: p.2–5

The purchasers challenged both orders under Articles 226 and 227 of the Constitution.

Source reference: p.2–5
02

Issues

Whether the original grantee, having sold the land to petitioner No. 1, could initiate resumption proceedings concerning that land

Source reference: p.5

Whether the resumption proceedings, initiated approximately nine years after the sale, were liable to be set aside for delay or laches

Source reference: p.5
03

Law Applied

The Court relied on the principle attributed to the Supreme Court’s decision in Seethamma’s case: an original grantee who was a party to the sale deed could not subsequently initiate proceedings for resumption of the land.

Source reference: p.5

It also referred to a Division Bench clarification that laches are a primary consideration in land-resumption proceedings and that restoration action brought after significant delay may be barred by laches.

Source reference: p.6

The judgment does not identify the specific statute or provide the full citation for either precedent.

Source reference: p.5–6
04

Reasoning

The Court found that Govindappa had sold the entire property to petitioner No. 1 in 2005 but initiated resumption proceedings in 2014.

Source reference: p.5

Applying the principle it drew from Seethamma’s case, the Court held that Govindappa’s participation in the sale deed made his later initiation of resumption proceedings unsustainable.

Source reference: p.5

It also observed that the Assistant Commissioner and Deputy Commissioner had failed to consider the approximately nine-year delay and the petitioners’ laches objection.

Source reference: p.5

The Court did not determine the separate contentions concerning the Will or the pending appeal, stating that they could not be considered in the writ proceedings.

Source reference: p.6
05

Holding

The Court allowed the writ petition and issued a writ of certiorari, quashing the Assistant Commissioner’s order dated 18 January 2018 and the Deputy Commissioner’s order dated 17 June 2019.

It directed the concerned authority to restore the petitioners’ name in the revenue records relating to the subject land.

Source reference: p.6–7
Karnataka High Court

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SRI. K V VENKATARAVANAPPAvsTHE STATE OF KARNATAKA

Karnataka High Court · September 28, 2026

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