MALLAPPA AND ORS v. THE STATE OF KARNATAKA AND ORS
WP/201686/2024 · 2025-06-26
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10840 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10840 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3422 WP No. 201686 of 2024
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201686 OF 2024 (LR)
BETWEEN:
1.
MALLAPPA S/O SHIVAPPA ULKAL, AGE: 79 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR.
2.
SMT. MALLAMMA W/O LATE BHIMANNA ULKAL, AGE: 67 YEARS OCC: HOUSEHOLD, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR.
3. DEVAPPA S/O LATE BHIMANNA ULKAL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR. …PETITIONERS (BY SRI. H.M.PATEL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS REVENUE COMMISSIONER, FOR LAND REFORMS VIDHAN SOUDHA, BENGALURU-560001.
Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3422 WP No. 201686 of 2024
2.
THE DEPUTY COMMISSIONER YADGIR.
3.
THE ASSISTANT COMMISSIONER YADGIR.
4.
THE LAND TRIBUNAL SHORAPUR, SHORAPUR DIST.YADGIR.
5. IRAPPA S/O MAHADEVAPPA MADAR, AGE: 72 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR-585220.
6. SOMRAYA S/O MAHADEVAPPA MADAR, AGE: 70 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR-585220.
7. BUDDIVANT S/O MAHADEVAPPA MADAR, AGE: 68 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR-585220.
8. DEVINDRAPPA S/O MAHADEVAPPA MADAR, AGE: 66 YEARS, OCC: AGRICULTURE, R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR-585220.
9. DURGAPPA S/O MAHADEVAPPA MADAR, AGE: 64 YEARS, OCC: AGRICULTURE.
R/O NAGARAL, TQ. SHORAPUR, DIST. YADGIR-585220.
10. HANUMANTH S/O MAHADEVAPPA MADAR, AGE: 62 YEARS, OCC: AGRICULTURE, R/O NAGARAL,
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HC-KAR NC: 2025:KHC-K:3422 WP No. 201686 of 2024
TQ. SHORAPUR, DIST. YADGIR.
…RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R4;
V/O DTD 19.08.2024 NOTICE TO R5 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYED THAT THE IMPUGNED
ORDER OF LAND TRIBUNAL SHORAPUR RESPONDENT NO.4 DATED 29-09-1981 ANNEXURE-(F) PASSED IN RESPECT OF SY NO.260 MEASURING 25 ACRES 25 GUNTAS SITUATED AT VILLAGE DEVAPUR TQ. SHORAPUR DIST KALABURAGI LRT:7:306/307/75-76 MAY KINDLY BE QUASHED AND DIRECT TO MAKE FRESH ENQUIRY AS PER THE LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
The petitioner has filed the instant writ petition for the following prayers:
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HC-KAR NC: 2025:KHC-K:3422 WP No. 201686 of 2024
“The impugned order of land tribunal Shorapur respondent No.4 dated 29.09.1981 Annexure-F passed in respect of Sy.No.260 measuring 25 acres 25 guntas situated at village Devapur, Tq.Shorapur, Dist. Kalaburagi bearing No.LRT:7:306/307/75-76 may kindly be quashed and direct to make fresh enquiry as per the law in the interest of justice and equity.
Any other writ or directions may kindly be issued as the Hon’ble Court thinks just and proper.”
2. As can be seen from the same, the petitioner is challenging the order dated 29.09.1981 passed by the respondent No.4/Land Tribunal herein. The inordinate delay of around 43 years is not explained. Hence, the writ petition is dismissed on the ground of delay and laches.
Sd/- (M.I.ARUN) JUDGE
SDU LIST NO.: 1 SL NO.: 33 CT:SI