- 1 - NC: 2025:KHC:11161-DB WA No. 736 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO.736 OF 2024 (LR) BETWEEN: JAYARAMA SHETTY S/O KOLLU SHDETHI AGED 66 YEARS R/AT MOOLANGI HOUSE VANJARKATTE POST BOLA VILLAGE, KARKALA TALUK UDUPI DISTRICT – 574 129 …APPELLANT (BY SRI. KESHAVA BHAT A, ADVOCATE) AND: 1. VENUGOPAL SHETTY S/O CHIKKI SHEDTHI AGED 66 YEARS R/AT SRI MATA NEAR CHETANA CLINIC KUKKI KATTE, UDUPI – 576 101 2. SARASWATHI SHEDTHI D/O CHIKKI SHDETHI AGED 71 YEARS R/AT MOOLANGI HOUSE VANJARKATTE POST BOLA VILLAGE, KARKALA TALUK UDUPI DISTRICT – 574 129 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:11161-DB WA No. 736 of 2024 3. THARANATHA SHETTY S/O AMBA SHDETHI AGED 46 YEARS R/AT MOOLANGI HOUSE VANJARKATTE POST BOLA VILLAGE, KARKALA TALUK UDUPI DISTRICT – 574 129 4. SHANKAR SHETTY S/O LAXMI SHETTY AGED 59 YEARS R/AT MOOLANGI HOUSE VANJARKATTE POST BOLA VILLAGE, KARKALA TALUK UDUPI DISTRICT – 574 129 5. 3RD LAND TRIBUNAL KARKALA KARKALA TALUK, UDUPI DISTRICT – 574 104 REPRESENTED BY ITS SECRETARY 6. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LAND REVENUE MULTI-STORIED BUILDING BANGALORE – 560 001 …RESPONDENTS (BY SRI. NATARAJA BALLAL A, ADVOCATE FOR R1; SMT. SARITHA KULKARNI, AGA FOR R5 & R6; R2, R3 & R4 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 04.12.2023 PASSED IN WP NO.2742/2023(LR) IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:11161-DB WA No. 736 of 2024 CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The challenge is to an order dated 04.12.2023, in Writ Petition No.2742/2023, whereby the learned Single Judge has dismissed the writ petition by holding in paragraph No.6 as under: “6. Having taken note of the factual aspects on record, the order impugned dated 23.09.1981 (Annexure-B), passed by respondent-Land Tribunal, is challenged after 42 years, and in that view of the matter, taking into consideration the fact that, the reasons assigned by the petitioner cannot be accepted for condoning the delay of 42 years as no sufficient cause has been given to condone the delay and therefore, in view of the declaration of the law made by the Hon'ble Supreme Court in the case of STATE OF ORISSA AND ANOTHER vs. MAMATA MOHANTY reported in 2011 AIR SCW 1332, the writ petition deserves to be dismissed on the ground of delay and latches and dismissed accordingly.” - 4 - NC: 2025:KHC:11161-DB WA No. 736 of 2024 2. The submission of Mr.Keshava Bhat.A, learned counsel appearing for the appellant is by drawing our attention to paragraph No.7 of the writ petition, to state that the said paragraph did give sufficient explanation for the delay and latches. 3. We are unable to agree with the said submission of Mr.Bhat, as it is a conceded position, that the Appellate Authority having been abolished on 18.10.1990, the appellant despite having remedy to file civil petition before this Court, had only filed a writ petition in the year 2023. The submission that the appellant had sent an application for filing before this Court, is apparently without any basis as no such application has been filed in the appeal. 4. We are of the view that the final conclusion drawn by the learned Single Judge that the challenge is after 42 years i.e., to an order passed in the year 1981 is justified. That part, certain rights having been crystallized in respect of respondent Nos.1 to 4, atleast in the year - 5 - NC: 2025:KHC:11161-DB WA No. 736 of 2024 1981, a challenge in the year 2023, which shall effect their rights, shall necessarily be hit by delay and latches, we find no merit in the appeal and the same is Dismissed. Pending I.A.s stands dismissed. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 32