Karnataka HC Rejects Grantee’s Family’s Bid to Recover Land Sold in 1981 After 19-Year Delay, Orders Respondent’s Name Restored in Records

The land was granted to the original grantee in 1971 and alienated in 1981. Resumption proceedings were initiated in 2000, nineteen years after the alienation

The Assistant Commissioner dismissed the claim; following a remand by the Deputy Commissioner, the Assistant Commissioner again dismissed it, and the Deputy Commissioner dismissed the subsequent appeal

The petitioners sought certiorari to quash the authorities’ orders

The Court applied the principles of the PTCL Act governing resumption of granted land and the doctrine of laches.

It stated that, as clarified by a Division Bench, laches are a primary consideration in resumption proceedings and that restoration action brought after significant delay may be barred by laches.

The Court noted that the land was alienated in 1981, but resumption proceedings were not initiated until 2000. It considered the nineteen-year delay unexplained and significant, and held that the delay and laches rendered the initiation of the proceedings legally unsustainable.

However, the Court then stated that it found no grounds to interfere with the impugned orders.

and directed the authority concerned to restore respondent No. 4’s name in the revenue records relating to the subject land.