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2025 DAILYLAW 13416 (KAR)

SMT H M MANJULA v. THE DEPUTY COMMISSIONER

WP/16155/2017 · 2025-03-20

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:11761 WP No. 16155 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 16155 OF 2017 (KLR-RES) BETWEEN: 1. SMT H M MANJULA W/O N SADASHIVAPPA AGED ABOUT 42 YEARS RESIDING AT GOPALAPURA VILLAGE HANGALA HOBLI, GUDLPET TALUK CHAMRAJANAGAR DISTRICT - 571111 …PETITIONER (BY SRI. CHINMAY KURANDWAD., ADVOCATE FOR SRI. NAGARAJA R C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571313. 2. THE DEPUTY DIRECTOR OF LAND RECORDS CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA - 571313 3. THE SUPERINTENDENT SURVEY DEPARTMENT TALUK OFFICE, GUDLAPET- 571111. 4. THE TAHSILDAR GUDLAPET- 571111 CHAMRAJANAGARA DISTRICT - 571111 5. SRI SHIVAPPA S/O DEVAPPA MAJOR, RESIDING AT GOPALAPURA VILLAGE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11761 WP No. 16155 of 2017 HANGALA HOBLI, GUDLUPET TALUK CHAMARAJANAGAR DISTRICT - 571111 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. VEERABHADRASWAMY.H.P., ADVOCATE FOR R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, QUASH THE IMPUGNED ORDER AT ANNEX-A PASSED BY THE R-1 IN R.A.NO.6/2016-17 DATED.19.12.2016, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. A durasti conducted on 09.07.1981 in respect of the land bearing Sy.No.39 measuring 04 acres 02 guntas and it was assigned a new survey No.81, was challenged by the petitioner by filing an appeal in the year 2016 i.e., nearly after 35 years. 2. The Deputy Commissioner taking note of this inordinate delay has refused to entertain the appeal and has dismissed the appeal. 3. In my view, there is no infirmity in the order passed by the Deputy Commissioner, since the Durasti - 3 - NC: 2025:KHC:11761 WP No. 16155 of 2017 conducted in the year 1981 cannot be challenged more than 30 years thereafter, more so, when the petitioner acquired title to this property only in the year 2006. 4. In other words, before the petitioner had acquired the land, the survey was conducted and the petitioner cannot be permitted to get over this survey by permitting him to challenge it after he acquired the title. 5. The writ petition is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 58