Dismissed¶57

Smt Hanumakka v. the State of Karnataka

Karnataka HC8 Jul 2026WA/189/2024

Case brief

AI extract

What is this about?

Condonation of delay 673 days rejected; writ appeal dismissed; limitation; legal heir prosecuting appeal of deceased writ petitioner; PTCL Act Sections 4 and 5 resumption and restoration proceedings; lands in Sy.No.109/1 to 109/4, Dodderi village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District; sale deed dated 01.06.1957; purchase by respondent No.9 in 2007; Karnataka High Court Act Section 4; Vibhu Bakhru, Chief Justice; K.S. Hemalekha, J; decision dated 08.07.2026.

What did the court decide?

In view of the inordinate delay in preferring the appeal and in absence of any satisfactory or credible explanation for such delay, the delay cannot be condoned; I.A.No.1/2024 seeking condonation of 673 days delay is rejected. ¶57

Smt Hanumakka Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 189 OF 2024 (SC-ST)

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BETWEEN:

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SMT. HANUMAKKA SINCE DECEASED BY LEGAL HEIR SRI LINGARAJU AGED ABOUT 48 YEARS S/O MYLARAPPA RESIDING AT No.340, 3^RD CROSS, 2^ND BLOCK NEAR AMBABHAVANI TEMPLE KANTEERAVA NAGAR BENGALURU NORTH POSTAL PINCODE - 560 096

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Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka

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(BY SRI. P.NARAYANAPPA, ADVOCATE)

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AND:

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…APPELLANT

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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

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NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT D C OFFICE, BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE - 562 110

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU

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POSTAL PIN CODE - 562 110

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THE TAHSILDAR NELAMANGALA TALUK NELAMANGALA

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POSTAL PIN CODE - 562 123

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MR. ABDUL KALAK S/O LATE ABDUL SATTAR SAB MAJOR IN AGE DODDERI VILLAGE NELAMANGALA TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE - 562 110

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MR. ABDUL MAJID S/O LATE ABDUL SATTAR SAB MAJOR IN AGE DODDERI VILLAGE NELAMANGALA TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE - 562 110

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MR. ABDUL SAMAD D/O LATE ABDUL SATTAR SAB

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NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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MAJOR IN AGE DODDERI VILLAGE NELAMANGALA TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE - 562 110

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MR. LEKRAJ PUKARAJI KATARI S/O LATE PUKKARAJI KATARI MAJOR IN AGE, RESIDING AT No.2419 SRI LAKSHMI NIVASA 10^TH MAIN ROAD, 2^ND STAGE E-SECTION, RAJAJINAGAR BENGALURU POSTAL PIN CODE - 560 010

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SRI P MANJUNATH S/O B V PADMANABHAIAH MAJOR IN AGE RESIDING AT No.1116 10^TH 'D' MAIN ROAD 2^ND STAGE, WEST OF CHORD ROAD BENGALURU POSTAL PIN CODE - 560 086

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…RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R1 TO R4)

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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.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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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

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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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.

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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).

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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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5 - NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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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.

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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.

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The present appeal has been preferred by the legal heir of

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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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NC: 2026:KHC:34301-DB WA No. 189 of 2024

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HC-KAR

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the office objections. On the contrary, repeated adjournments were sought for curing the defects.

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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.

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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.

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All pending applications stand disposed of.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(K.S. HEMALEKHA) JUDGE

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KMV List No.: 1 Sl No.: 5

Smt Hanumakka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Hanumakka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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