Sri v. T. Keshava Vs Deputy Commissioner

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO.9483 OF 2026 (SC/ST) BETWEEN:

¶1SRI. V.T. KESHAVA S/O LATE DR.M.THAMMEGOWDA, AGED ABOUT 53 YEARS R/AT NO.226/227, 6TH AVENUE, VISHWESWARAIAH ENCLAVE, K.G.HALLI, JALAHALLI POST, BENGALURU-560 015. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE)

AND:

¶1DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU.

¶2ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDABALLAPUR, BENGALURU RURAL DISTRICT-562 114.

¶3SMT. CHOWDAMMA, W/O LATE VENKATAPPA, AGED MAJOR, R/AT VIJAYANAGAR TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 114.

…RESPONDENTS

(BY SMT. SAVITHRAMMA, AGA., FOR R.1 AND R.2; SRI. V. VIJAYASHEKARA GOWDA, ADVOCATE FOR R.3.)

Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.P.N.Nanja Reddy, counsel for the petitioner; Smt.Savithramma, Additional Government Advocate for respondent Nos.1 and 2, and Sri.V,Vijayashekara Gowda, counsel for respondent No.3 appeared in person.

¶2The petition is filed seeking a writ of certiorari to quash the orders passed by the Assistant Commissioner and the Deputy Commissioner. These orders are challenged in this writ petition on several grounds as set out in the memorandum of the writ petition.

¶3Counsel for the respective parties advanced several contentions.

Counsel for respondent No.3 submits that a detailed statement of objections are filed and the same may be taken note of. He submits that there is no laches in the present case. He argued that the petition seeking resumption was filed well in time i.e., 9 years from the alleged sale. Urging additional grounds he submits that the petition lacks merit and the same may be dismissed.

¶4The Court heard the arguments and carefully perused the papers.

¶5This issue is limited to resumption proceedings. The land in question was granted in 1961. Later, the subject land was sold in 2014 through a registered sale deed.

Nearly 9 years after the sale, in 2023, the resumption proceedings were initiated before the Assistant Commissioner. The Assistant Commissioner approved the petition and ordered the land to be resumed. Dissatisfied, an appeal was preferred to the Deputy Commissioner, who upheld the original order. However, both the Assistant and Deputy Commissioners overlooked the nearly 9-year delay in initiating these

proceedings. They failed to consider the issue of laches or the petitioner's claim that the proceedings were commenced after an unreasonable delay.

The authorities should have evaluated whether to proceed after nearly 9 years, especially since the rights in the land were settled by the sale deed in 2014. The oversight in considering the delay and laches led to orders for land resumption being issued without adequately addressing a crucial and relevant issue.

The Division Bench clarified that laches should be regarded as the primary requirement when resuming lands. It also held that if restoration action is filed after a significant delay, it could be barred by laches.

In the facts and circumstances of the case, this Court is of the considered view that the orders passed by the Assistant Commissioner and confirmed by the Deputy Commissioner, directing resumption of the subject land, cannot be legally sustained. Accordingly, the impugned orders are liable to be set aside.

¶6For the foregoing reasons, the orders of the Assistant Commissioner and the Deputy Commissioner are liable to be set aside.

¶7The writ of certiorari is ordered. The order dated

03.03.2025 passed by the Assistant Commissioner vide Annexure-B, and the order dated 17.02.2026 passed by the Deputy Commissioner vide Annexure-E are quashed. As this Court has quashed the orders, the authority concerned is hereby directed to restore the petitioner's name in the subject land in the revenue records.

¶8Resultantly, the writ petition is allowed. On disposal of the Writ Petition, any interim order stands discharged, and any pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE

SS List No.: 1 Sl No.: 65