Precedent

Karnataka High Court

WA/1711/2026 of K.M. ANJINAPPA Vs THE STATE OF KARNATAKA on 30 July 2026

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CNR: KAHC010460452026 NC: 2026:KHC:39713-DB WA No. 1711 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1711 OF 2026 (SC-ST) BETWEEN: 1.

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT APPEAL NO. 1711 OF 2026 (SC-ST)

BETWEEN:

1.

K.M. ANJINAPPA

S/O LATE MUNISHAMAPPA

AGED ABOUT 71 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI, DEVANAHALLI TALUK

BANGALORE RURAL DISTRICT - 562 110

…APPELLANT

(BY SRI SAIPRAKASH V. SURYAVANSHI, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

DEPARTMENT OF REVENUE

M.S. BUILDING

DR.AMBEDKAR VEEDHI

BENGALURU - 560 001

REP. BY REVENUE SECRETARY

2.

THE DEPUTY COMMISSIONER,

BENGALURU RURAL DISTRICT D.C.OFFICE

1ST FLOOR, BEERASANDRA VILLAGE

KUNDANA HOBLI

Digitally

signed by

SRIDEVI S

Location:

High Court

of Karnataka

HC-KAR

DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

3.

THE ASSISTANT COMMISSIONER

DODDABALLAPURA SUB DIVISION

DODDABALLAPURA

BENGLAURU RURAL DISTRICT - 561 203

4.

SRI FIROZ PASHA

S/O LATE ANWAR

AGED 42 YEARS

R/AT NO.48, 3RD CROSS

NIJAMUDDIN AMOHALLA BABA LANE

MYSORE ROAD

BENGLAURU - 560 002

REP. BY THEIR GPA HOLDER C.V.MANJUNATH

(AUTHORISED DIRECTOR

M/S. TELECOM EMPLOYEES

CO-OPERATIVE SOCIETY LTD.)

S/O LATE VENKATANARASHIMHAIAH

AGED 68 YEARS

R/AT NO.1ST FLOOR

NEHARUNAGAR MAIN ROAD

SESHADRIPURAM

BENGALURU - 560 020

5.

SRI.MOHAMMED SIDIQ PASHA

S/O LATE ANWAR

AGED 40 YEARS

R/AT NO.48, 3RD CROSS

NIJAMUDDIN AMOHALLA BABA LANE

MYSORE ROAD

BENGLAURU - 560 002

REP. BY THEIR GPA HOLDER C.V.MANJUNATH

(AUTHORISED DIRECTOR

M/S. TELECOM EMPLOYEES

HC-KAR

CO OPERATIVE SOCIETY LTD.)

S/O LATE VENKATANARASHIMHAIAH

AGED 68 YEARS

R/AT NO.1ST FLOOR

NEHARUNAGAR MAIN ROAD

SESHADRIPURAM

BENGALURU - 560 020

6.

SRI SAR KANTHI PROPERTIES LLP

A LLP PARTNERSHIP FIRM

REGD. VIDE LLP IN ABZ 3696

(EARLIER M/A KANTHI PROPERTIES

A REGD. PARTNERSHIP FIRM)

OFFICE AT NO.13/1, 2ND FLOOR

G BLOCK, SHAKARA NAGAR

BENGALURU - 560 092

REPRESENTED BY ITS AUTHORIZED PARTNER

SRI M. CHANDRASHEKAR

S/O LATE M. PULLAMARAJU

7.

SMT. KEMPAMMA

W/O LATE K.M.RAMAIAH

AGED 57 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI

DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

8.

SMT. USHA

D/O LATE K.M.RAMAIAH

AGED 40 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI

DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

HC-KAR

9.

SRI SUNIL KUMAR R

S/O LATE K.M. RAMAYYA

AGED 34 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI

DEVANAHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

10.

SRI C.V. MANJUNATHA

AUTHORISED DIRECTOR

M/S. TELECOM EMPLOYEES

CO OPERATIVE SOCIETY LTD.

S/O LATE VENKATANARASHIMHAIAH

AGED 68 YEARS

R/AT NO.1ST FLOOR

NEHARUNAGAR MAIN ROAD

SESHADRIPURAM

BENGALURU - 560 020

11.

SMT. MUNIYAMMA ALIAS MANJULA

W/O. VENKATESH

D/O. LATE MUNISHAMAPPA

AGED 61 YEARS

R/AT No.458, M.S. RAMAIAH ENCLAVE

8TH MILE, NAGASANDRA POST

DASARAHALLI

BENGALURU - 560 057

12.

SMT. M. PAVITHRA

D/O. LATE K.V. MUNIYAPPA

AGED 50 YEARS

13.

SRI KIRANKUMAR

S/O. LATE K.V. MUNIYAPPA

AGED 48 YEARS

HC-KAR

14.

SMT. M. MANJULA

D/O. LATE K.V. MUNIYAPPA

AGED 45 YEARS

RESPONDETN No.12 TO 14 ARE

R/AT No. 2269, MIG, 3RD STAGE

YELAHANKA SATILITE TOWN

BENGALURU - 560 064

15.

SRI K.V. LAKSHMAIAH

S/O. CHIKKOBAIAH

AGED 62 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI

DEVANHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

16.

SRI NAVEEN KUMAR

S/O. LATE K.M. RAMIAH

AGED 39 YEARS

R/AT KEMPATHIMMANAHALLI VILLAGE

KASABA HOBLI

DEVANHALLI TALUK

BENGALURU RURAL DISTRICT - 562 110

…RESPONDENTS

(BY SMT. B. SUKANYA BALIGA, AGA FOR R-1 TO R-3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE

IMPUGNED ORDER DATED 26.07.2023 IN W.P. No.7694/2023 & ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the above-captioned appeal impugning an order dated 26.07.2023 passed by the learned Single Judge in WP.No.7694/2023 (SC-ST). The appellant is the 7th respondent in the said petition and claims to be the legal heir of the original grantee, Sri. Munishamappa, who had acquired the land measuring 4 acres situated in Survey No.9, New Survey No.90 of Kempathimmanahalli Village, Kasba Hobli, Devanahalli Taluk in terms of an order dated 10.11.1955 passed by the Special Deputy Commissioner. The Saguvalli Chit was also issued to Sri. Munishamappa. Sri. Munishamappa subsequently sold the subject property by a registered sale deed dated 24.10.1987. After his demise, the appellant had instituted proceedings before the Assistant Commissioner for resumption of the subject land on the ground that the alienation is in violation of Section 5 of the

HC-KAR

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [PTCL Act].

2. The Assistant Commissioner declared the sale deed as void and passed an order for resumption of land. The purchasers (respondent Nos.4 and 5) had filed an appeal before the Deputy Commissioner, which was dismissed by an order dated 06.02.2023. Aggrieved by the same, the writ petitioners filed a writ petition. The learned Single Judge had found that the subject land was sold in an auction and the grantee had purchased the same. Thus, the PTCL Act was not applicable. Additionally, the learned Single Judge held that the application for resumption of land had been filed after an inordinate delay of 19 years after the subject land had been sold. In view of the above, the writ petition was dismissed.

3. The present appeal has been filed after a delay of 1046 days. The appellant has also filed an application seeking condonation of delay. However, a plain reading of the said application indicates that there are no grounds explaining the delay.

HC-KAR

4. In view of the above, we are not persuaded to accede to the prayer for condonation of delay. The application seeking condonation of delay is rejected. Consequently, the appeal is rejected as well.

5. Pending application stands disposed of.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

SD List No.: 2 Sl No.: 22

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