- 1 - NC: 2025:KHC:15245 WP No. 9976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9976 OF 2025 (KLR-RES) BETWEEN: 1. SRI. CHINNAPPA S/O LATE. BOLAPPA, AGED ABOUT 60 YEARS, 2. SRI. GIDDAPPA, S/O LATE. BOLAPPA, AGED ABOUT 57 YEARS, 3. SRI. RAJAPPA, S/O LATE. BOLAPPA, AGED ABOUT 55 YEARS, 4. SRI. KRISHNAPPA, S/O LATE. BOLAPPA, AGED ABOUT 50 YEARS, 5. SRI. NANJAPPA, S/O LATE. GIDDAPPA, AGED ABOUT 82 YEARS, (SENIOR CITIZENSHIP NOT CLAIMED) ALL ARE RESIDING AT KOTHA JEEGURU VILLAGE, DANKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMILNADU-635107. …PETITIONERS (BY SRI. G A SRIKANTE GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT MULTI-STORED BUILDING DR. AMBEDKAR VEEDHI BANGALORE560 001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15245 WP No. 9976 of 2025 2. THE ASSISTANT COMMISSIONER. BANGALORE SOUTH SUB-DIVISION BANGALORE-- 560 001 3. THE TAHASILDAR, ANEKAL TALUK, ANEKAL-562106. 4. SRI. CHIKKA ALLALLAPPA @ ALLALLAPPA, S/O LATE. YALLAPPA AGED ABOUT 76 YEARS, R/A AT S. MADIWALA VILLAGE, SAMANDURU VILLAGE, ANEKAL TALUK, BENGALURU-562106. 5. SMT. MUNIRATHNAMMA, D/O LATE. ALLALAPPA AGED ABOUT 50 YEARS, R/A SHIVARA PATNA VILLAGE AND POST, MALURU TALUK, KOLARA-563130. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALLING FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HONBLE COURT BE PLEASED EXERCISE ITS JURISDICTION UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:15245 WP No. 9976 of 2025 ORAL ORDER 1. In an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, the Assistant Commissioner has called for a report from the Thasildar and being aggrieved by this order, the present Writ Petition is filed. 2. It is the case of the petitioners that the appeal had been filed by the contesting respondents after an inordinate delay of 33 years and despite objections being raised, specifically regarding maintainability of the appeal, the Assistant Commissioner has proceeded to call for a report from the Thasildar, whereby indicating that he intends to examine the matter on merits. 3. It is the case of the petitioners that the Assistant Commissioner cannot dwell upon the merits of the appeal, unless the question of delay is considered - 4 - NC: 2025:KHC:15245 WP No. 9976 of 2025 and appropriate order is passed on the application for condonation of delay. 4. In my view, since there is admittedly an application filed for condonation of delay, the Assistant Commissioner shall before considering the matter on merits consider the question of delay and pass orders after considering the objections filed by the petitioners to the application for condonation of delay, this Writ Petition is disposed of with this clarification that if the Assistant Commissioner were to come to the conclusion that there was a ground made out to condone the delay, it would be open for him to thereafter proceed to consider the matter on merits including the report called from the Thasildar. 5. If, however, the Assistant Commissioner considers the report of the Thasildar, obviously the appeal would have to be dismissed on the ground of delay and the report that the Assistant Commissioner has - 5 - NC: 2025:KHC:15245 WP No. 9976 of 2025 summoned from the Thasildar cannot be looked into. This Writ Petition is, accordingly, disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 16