Karnataka High Court
Godi Timmappa S/O Basappa vs State Of Karnataka By on 28 October, 2025
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WP No. 102105 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 102105 OF 2025 (SCST)
BETWEEN:
GODI TIMMAPPA S/O BASAPPA,
AGE ABOUT 67 YEARS, OCC. AGRICULTURE,
R/O. DAGGI BASAPUR, KAMMTHAHALLI,
DIST. VINAYANAGAR,
KARNATAKA-583 125.
... PETITIONER
(BY SRI. MRITYUNJAYA YARAGAMBLIMATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY CHIEF SECRETARY,
MINISTRY OF REVENUE,
VIDHANA SOUDHA,
Digitally signed by
CHANDRASHEKAR
BENGALURU-560 001.
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH 2. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
HOSAPETE-583 201,
VIJAYANAGARA DISTRICT.
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4. THE ASSISTANT COMMISSIONER,
HARPANAHALLI,
AT POST: HARPANAHALLI-583 131.
5. THE TAHASILDAR,
TAHASHILDAR OFFICE,
HARPANAHALLI-583 131.
6. REVENUE INSPECTOR,
ARASIKERI CIRCLE, ARASIKERI,
HARPANAHALLI TALUKA,
DIST. VIJAYANAGAR-583 125.
7. LAMBANI RAMANAIK S/O MAGANAIK,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. NANDIKAMB TANDA VILLAGE,
HARAPANAHALLI TALUKA,
DIST. VIJAYANAGAR-583 131.
8. THE POLICE SUB-INSPECTOR,
ARASIKERE POLICE STATION,
HARAPANAHALLI TALUK,
VIJAYANAGAR DISTRICT-583 125.
... RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R6 AND R8;
SRI. M.R. HIREMATH, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER NO. PTCL(HA.HALLI)/C.R/08/2023 DATED 02/07/2024
PASSED BY THE RESPONDENT NO.4 VIDE "ANNEXURE-B" AND
WHICH IS ALSO CONFIRMED BY RESPONDENT NO.3 IN
SAM.KAM.APPEALU/PTCL/64/2024-25 DATED 21.11.2024 VIDE
"ANNEXURE-C" IN THE INTEREST OF JUSTICE AND EQUITY.
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THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned counsel for the petitioner is assailing the order
passed by respondent No.4/Assistant Commissioner in
Proceeding No.P.T.C.L.(Ha.Halli)/C.R./08/2023 dated 02.07.2024
and also the order passed by respondent No.3/Deputy
Commissioner in Proceeding No.Kam/Appealu/P.T.C.L./64/2024-
25 dated 21.11.2024.
2. In terms of the orders at Annexures-B and C, the
land purchased by the petitioner i.e. the property bearing
Sy.No.4/02A measuring 4 acres and 44 guntas in Kalagudi
Village, Arasikere Hobali of Harapanahalli Taluk is ordered to be
confiscated in favour of the State and directed to be registered in
the name of the original grantee.
3. Learned counsel for the petitioner would submit that
the property was granted to the grantee on 26.10.1979 and later
petitioner purchased the property on 31.05.1996. The dispute is
raised by the legal representatives of grantee namely respondent
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No.7 contending that the transaction dated 31.05.1996 violates
the provisions of the Karnataka Scheduled Castes and Scheduled
Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('Act
of 1978').
4. Learned counsel for the petitioner would submit that
the dispute raised is hit by delay and laches and the issue raised
in the present petition is covered in terms of judgment of the
Apex Court in NEKKANTI RAMA LAKSHMI Vs. STATE OF
KARNATAKA AND ANOTHER1.
5. Learned Additional Government Advocate would
oppose the petition on the premise that there is a violation of the
provisions of the Act of 1978 and both authorities are justified in
passing the impugned order.
6. Admittedly, the property is sold in favour of the
petitioner on 31.05.1996. The dispute is raised for the first time
in the year 2023. There is a delay of 24 years in raising the
dispute.
(2020) 14 SCC 232
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7. Under these circumstances, the issue raised in the
present petition is squarely covered in terms of the judgment of
the Apex Court in NEKKANTI RAMA LAKSHMI supra. Hence,
the following:
ORDER
i. Petition is allowed.
ii. The impugned order dated 02.07.2024 passed
by respondent No.4/Assistant Commissioner in
Proceeding No.P.T.C.L.(Ha.Halli)/C.R./08/2023
and the order dated 21.11.2024 passed by
respondent No.3/Deputy Commissioner in
Proceeding No.Kam/Appealu/P.T.C.L./64/2024-
25 are quashed.
iii. The respondent/authorities are directed to
restore the name of the petitioner in the
property records.
iv. The compliance shall be made within 60 days
from the date of receipt of the copy of this
order.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK_CT:BCK
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