The Deputy Commissioner vs Sri Byrappa @ Byranna
2025 Latest Caselaw 10731 Kant

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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                                          NC: 2025:KHC:48929-DB
                                           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.

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HC-KAR

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.

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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

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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.