Karnataka HC quashes PTCL land-resumption order for failing to address 44-year delay

The land was granted to Mari Naik in 1961. He sold one acre in 1969; that parcel passed through subsequent purchasers, while the remaining acre was sold in 1989. K.S. Shivalingaiah acquired both acres and sold them to the petitioner on 15 July 1996

In 2013, proceedings under Section 5 of the PTCL Act were initiated seeking resumption of the land. The Assistant Commissioner rejected the petition. About ten years later, the appeal was allowed by the Deputy Commissioner, who set aside the Assistant Commissioner’s order without condoning the delay

The petitioner sought certiorari to quash the Deputy Commissioner’s order

1. Whether the Deputy Commissioner’s order directing resumption could stand where the proceedings were initiated after a delay of nearly 44 years and the authority had not addressed laches

2. Whether the Deputy Commissioner could allow the appeal without condoning the delay in filing it

Section 5 of the PTCL Act provides the basis for proceedings seeking resumption of granted land

The Court applied the principle of laches, observing that delay is a primary consideration in resumption proceedings and that restoration action brought after significant delay may be barred by laches

The judgment refers to a Division Bench’s clarification of that principle but does not identify the precedent by name or citation

The Court found that the land rights had been settled through the 1969 sale and that resumption proceedings were not initiated until 2013—nearly 44 years later

The Deputy Commissioner failed to assess that delay or address the petitioner’s laches contention, and also allowed the appeal without condoning its delay

Because the delay was a crucial consideration in deciding whether resumption proceedings could proceed, the Court held that the resulting resumption order could not be sustained

It directed the concerned authority to restore the petitioner’s name in the revenue records relating to the subject land