Karnataka High Court
The Deputy Commissioner vs Sri Byrappa @ Byranna on 26 November, 2025
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NC: 2025:KHC:48929-DB
WA No. 1859 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1859 OF 2025 (SC-ST)
BETWEEN:
1. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT
K.G. ROAD
BENGALURU - 560 009
2. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB-DIVISION
KANDAYA BHAVAN, K. G ROAD
BENGALURU - 560 009
...APPELLANTS
Digitally
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
signed by
PRABHAKAR AND:
SWETHA
KRISHNAN
Location: High 1. SRI BYRAPPA @ BYRANNA
Court of
Karnataka S/O LATE MUNIYAPPA
AGED ABOUT 65 YEARS
2. SRI NARAYANASWAMY @ NARAYANAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 63 YEARS
3. SRI SHAMANNA,
S/O LATE MUNIYAPPA
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WA No. 1859 of 2025
HC-KAR
AGED ABOUT 60 YEARS
RESPONDENTS NOS.1 TO 3 ARE
RESIDENTS OF B.K. PALYA
JALA HOBLI
BENGALURU NORTH (ADDL.) TALUK
BANGALORE - 560 149
4. SRI RAVIKUMAR
S/O MUNIYAPPA
AGED ABOUT 42 YEARS
RESIDING AT BANDE
KODIGEHALLI PALYA
JALA HOBLI
BANGALORE NORTH (ADDL.) TALUK
BANGALORE - 560 149
5. SMT. PARVATHI PATEL
W/O. DR. R.F. PATIL
AGED ABOUT 87 YEARS
R/AT NO.303, 6TH CROSS
1ST BLOCK, RAVINDRANATH TAGORE NAGAR
BANGALORE - 560 032
...RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR
RECORDS ON W.P.NO.12553/2018 AND SET ASIDE THE
ORDER DATED 17/07/2023 THEREIN, THE SAID WRIT
PETITION BE DISMISSED & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2025:KHC:48929-DB
WA No. 1859 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an order dated 17.07.2023 passed by the learned Single Judge of this Court in W.P.No.12553/2018 (SC-ST).
2. The present appeal has been filed after an inordinate delay of 813 (eight hundred and thirteen) days.
3. The only explanation provided by the appellants for the inordinate delay reads as under:
"After the order was passed in the writ petition, letter of intimation was sent to the government. The file was circulated through different sections and ultimately the decision was intimated to file a writ appeal as against the impugned order. The said letter was received on 16.04.2025."
4. We are unable to accept that the aforesaid explanation can be considered as sufficient cause, which prevented the appellants from filing the present appeal within the prescribed period. The appellants have not provided any details to explain the delay. -4-
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5. It is settled law that the delay for each day needs to be explained. However, the appellants have not provided any specific dates as to when the letter of intimation was sent to the Government; when the file was circulated and to which sections; when was the decision to file the appeal was taken and by which authority.
6. It is difficult to accept that an explanation of an inordinate delay of 813 days can be condoned bereft of any such details. Notwithstanding the above, we also find that there is no merit in the present appeal.
7. The writ petition was preferred by respondent Nos.1 to 3, who had purchased the land measuring 3 acres falling in Survey No.57 (corresponding to old Survey No.7) situated at B.K. Palya Village, Jala Hobli, Bengaluru North Taluk [subject land] on 12.06.2006 from respondent No.5 (Smt. Pravathi Patel) under a registered sale deed. The said respondent No.5 had acquired the title in respect to the subject land from one Sri.Muniyappa, S/o. late Mutturu Munishamappa and Sri. Ramanjinappa, S/o. Muniyappa in terms of a registered sale deed dated 02.11.1995. -5-
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8. Sri Mutturu Munishamappa, who is the father of Sri.Muniyappa and the paternal grandfather of Sri Ramanjinappa had purchased the subject land in a government auction held in the year 1941-42. The grant certificate dated 31.12.1944 produced expressly, inter alia, records as under:
"The Government Land which is not in possession of any one, has been distributed to those persons named below for the cultivation purposes, by granting them the ownership rights over the said land as per the provisions under the law therewith. Accordingly, the said land mentioned therein the schedule has been sold in public auction and one Sri Muturu Munishamappa S/o Hanumaiah has purchased in the auction or by paying the requisite Government fees. Hence therefore the aforesaid land therein was granted therein under auction for sale therewith, and that the above said property was purchased by Sri Muturu Munishamappa S/o Hanumaiah and that he has paid an entire sum of 5-10-0 therein to the Government Exchequer therewith.
Therefore, I Sri H K Shyatha Veerappa the Devanahalli Taluk Amaldar/Sub Division Assistant Commissioner/ District Deputy Commissioner therein, do hereby of Order that the ownership rights of the said land is granted to Sri Muturu Munishamappa S/o Hanumaiah, and thereafter him to his legal heirs, representatives, and successors in interest permanently therein under the certain terms and conditions therewith, ie as per the applicable provisions of the Survey Guarantee (Survey Guarantee) therein."
9. It is stated that respondent No.4 had filed an application before appellant No.2. Pursuant to the same, proceedings under -6- NC: 2025:KHC:48929-DB WA No. 1859 of 2025 HC-KAR Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 were initiated by appellant No.2 in the year 2012. The same was allowed in terms of an order dated 02.09.2015. Appellant No.2 held that the alienation of the land in favour of respondent No.5 (respondent No.4 in the writ petition) was in contravention of the said Act.
10. The writ petitioners appealed the said order before appellant No.1. However, the same was rejected by an order dated 02.03.2018. Aggrieved by the same, the writ petitioners had preferred the writ petition before this Court, which was allowed in terms of the impugned order.
11. The learned Single Judge found that there was no material to indicate that the subject land was a grant land considering that the recitals of the said certificate indicated that the subject land was purchased by Sri Mutturu Munishamappa, S/o. Hanumayya in a public auction and he had paid the consideration for the same. We find that there is also no material on record to indicate that the subject land was granted under any scheme for providing land to landless persons belonging to the Scheduled Castes or Scheduled Tribes category.
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12. Additionally, the learned Single Judge also noted that there was a delay of 17 (seventeen) years on the part of respondent No.4 in filing an application for resumption of the land. In the meanwhile, respondent No.5, who had acquired the subject land under the sale deed dated 02.11.1995 had further sold the same to the writ petitioners. The Court found that the period of delay was unreasonable and it could not be countenanced.
13. We find no infirmity with the decision of the learned Single Judge and the merits as well.
14. In view of the above, the present appeal is dismissed both on the ground of limitation as well as on merits.
15. Pending application stands disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C.M. POONACHA) JUDGE KPS, List No.: 2 Sl No.: 18