Karnataka High Court
WA/189/2024 of SMT HANUMAKKA Vs THE STATE OF KARNATAKA on 8 July 2026
NC: 2026:KHC:34301-DB WA No. 189 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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. 189 OF 2024 (SC-ST) BETWEEN: 1. SMT. HANUMAKKA SINCE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH 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. 189 OF 2024 (SC-ST)
BETWEEN:
1.
SMT. HANUMAKKA
SINCE DECEASED BY
LEGAL HEIR
SRI LINGARAJU
AGED ABOUT 48 YEARS
S/O MYLARAPPA
RESIDING AT No.340,
3RD CROSS, 2ND BLOCK
NEAR AMBABHAVANI TEMPLE
KANTEERAVA NAGAR
BENGALURU NORTH
POSTAL PINCODE - 560 096
…APPELLANT
(BY SRI. P.NARAYANAPPA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
THE DEPARTMENT OF REVENUE
M S BUILDING
DR. B R AMBEDKAR VEEDHI
BENGALURU
POSTAL PIN CODE - 560 001
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court of
Karnataka
HC-KAR
2.
THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
D C OFFICE, BEERASANDRA VILLAGE
KUNDANA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT
POSTAL PIN CODE - 562 110
3.
THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA
BENGALURU
POSTAL PIN CODE - 562 110
4.
THE TAHSILDAR
NELAMANGALA TALUK
NELAMANGALA
POSTAL PIN CODE - 562 123
5.
MR. ABDUL KALAK
S/O LATE ABDUL SATTAR SAB
MAJOR IN AGE
DODDERI VILLAGE
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
POSTAL PIN CODE - 562 110
6.
MR. ABDUL MAJID
S/O LATE ABDUL SATTAR SAB
MAJOR IN AGE
DODDERI VILLAGE
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
POSTAL PIN CODE - 562 110
7.
MR. ABDUL SAMAD
D/O LATE ABDUL SATTAR SAB
HC-KAR
MAJOR IN AGE
DODDERI VILLAGE
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT
POSTAL PIN CODE - 562 110
8.
MR. LEKRAJ PUKARAJI KATARI
S/O LATE PUKKARAJI KATARI
MAJOR IN AGE,
RESIDING AT No.2419
SRI LAKSHMI NIVASA
10TH MAIN ROAD, 2ND STAGE
E-SECTION, RAJAJINAGAR
BENGALURU
POSTAL PIN CODE - 560 010
9.
SRI P MANJUNATH
S/O B V PADMANABHAIAH
MAJOR IN AGE
RESIDING AT No.1116
10TH 'D' MAIN ROAD
2ND STAGE, WEST OF CHORD ROAD
BENGALURU
POSTAL PIN CODE - 560 086
…RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., AGA FOR R1 TO R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER BEARING NO. W.P.No.25158/2019 (SC-ST)
PASSED BY THE SINGLE JUDGE OF THE HON'BLE HIGH COURT
OF KARNATAKA ON 26.05.2021 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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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 present appeal impugning an order dated 26.05.2021 passed by the learned Single Judge of this Court in W.P.No.25158/2019 (SC-ST). By the impugned order, the learned Single Judge dismissed the petition holding that the petition was hopelessly barred by limitation.
2. The appellant's mother Hanumakka claimed to be the heir of original grantee of subject lands (measuring 2 acres 04 guntas in Sy.No.109/1, 29 guntas in Sy.No.109/2, 1-00 acre in Sy.No.109/3 and 9 guntas in Sy.No.109/4 of Dodderi village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District).
3. The original grantee had alienated the subject lands by a registered sale deed dated 01.06.1957. The purchasers had thereafter further sold the subject lands through series of registered sale deeds. The subject land was ultimately purchased by respondent No.9 in the year 2007.
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4. Smt. Hanumakka, the granddaughter of the original grantee had thereafter instituted the proceedings for resumption and restoration under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 of the lands in the year 2015-16. The same was allowed by the Assistant Commissioner. However, the Deputy Commissioner had set-aside the said order.
5. The learned Single Judge found that the petition was hopelessly delayed and that such an inordinate and unexplained delay disentitled the applicant from seeking restoration, particularly where, in the meantime, further rights had been created.
6. The present appeal has been preferred by the legal heir of the original writ petitioner, who expired on 15.07.2022, along with an application seeking leave to prosecute the appeal. We also note that the present appeal is also hopelessly barred by limitation. The original writ petitioner had not preferred any appeal during her lifetime and the period prescribed for filing the appeal had expired prior to her demise. We further note that, even after the appeal was presented, no immediate steps were taken for compliance of
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the office objections. On the contrary, repeated adjournments were sought for curing the defects.
7. The present appeal was finally listed before this Court on 01.04.2026. However, on the said date, none appeared on behalf of the appellant and the appeal was listed today.
8. In view of the inordinate delay in preferring the appeal and in absence of any satisfactory or credible explanation for such delay, the same cannot be condoned. Accordingly, I.A.No.1/2024 seeking condonation of 673 days delay in filing the present appeal is rejected. Consequently, the appeal also stands dismissed.
9. All pending applications stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE KMV List No.: 1 Sl No.: 5