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2025 DAILYLAW 26214 (KAR)

SRI. MALLAIAH v. THE STATE OF KARNATAKA

WP/15678/2025 · 2025-06-10

E S Indiresh

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15678 OF 2025 (LR) BETWEEN: 1. SRI. MALLAIAH S/O LATE DODDASUBBANNA, AGED ABOUT 73 YEARS 2. SRI. NARAYANAPPA, S/O LATE DODDASUBBANNA, AGED ABOUT 71 YEARS 3. SRI. MUNIYAPPA, S/O LATE DODDASUBBANNA, AGED ABOUT 69 YEARS 4. SRI. SUDHAKAR, S/O LATE DODDASUBBANNA, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT KANEKALLU VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114. …PETITIONERS (BY SRI. MOHAN A.H. ADVOCATE FOR SRI. RAMAIAH GOWDA L M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 REVENUE DEPARTMENT MULTISTORIED BUILDING BENGALURU-560001. 2. THE SPECIAL DEPUTY COMMISSIONER FOR INAM ABOLITION BENGALURU RURAL DISTRICT, DISTRICT BHAVAN, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI-562110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, BENGALURU RURAL- 561204. 4. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT-562114. 5. SMT. PADMA, W/O RAMACHANDRA, D/O LATE POOJAPPA, AGED ABOUT 65 YEARS, RESIDING AT, RAMACHANDRA BUILDING(STTK), 10TH CROSS, CENTENS SCHOOL, RAMAMURTHY NAGARA, BENGALURU EAST TALUK. BENGALURU-560016. - 3 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 6. SMT.MUNIRATHNA, W/O LATE RAMANNA (CIPLA) D/O LATE POOJAPPA AGED ABOUT 62 YEARS, 7. SRI.K.P.PILLAPPA, S/O LATE POOJAPPA, AGED ABOUT 59 YEARS 8. SMT. SUSHEELAMMA, W/O LATE MUNIRAJU, D/O LATE POOJAPPA, AGED ABOUT 56 YEARS SREERAMAIAH LAYOUT, HIRANDAHALLI, BENGALURU-560049. 9. SMT. BEERAMMA, W/O VENKATESH, D/O LATE POOJAPPA, AGED ABOUT 54 YEARS, HAPPY GARDEN, 1ST CROSS, RAMURTHYNAGAR, BENGALURU-560016. 10. SRI. GOPALKRISHNA, S/O LATE POOJAPPA, AGED ABOUT 49 YEARS. RESPONDENTS NO.6, 7 AND 10 ARE RESIDING AT SREERAMAIAH COMPOUND, KOWDENAHALLI VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK. - 4 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 BENGALURU-560016. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.07.1962 PASSED BY THE SPECIAL DEPUTY COMMISSIONER FOR INAM ABOLITION, KOLAR CIRCLE, KOLAR - RESPONDENT NO.2, IN CASE 2542/1962-63, PRODUCED AS ANNEXURE-U AND ALLOW THIS WRIT PETITION; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 4. 2. In this writ petition, petitioners are assailing the order dated 31.07.1962 (Annexure-U) passed by respondent No.2. - 5 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 3. Learned Additional Government Advocate submitted that the writ petition deserves to be dismissed on the ground of delay and laches. 4. In the backdrop of submissions made by learned counsel for the petitioners with regard to claiming land in question and the delay in approaching this Court by challenging the impugned order, I have carefully considered the paragraph No.12 in the writ petition, wherein it is stated by the petitioners that the petitioners were innocent and ignorant regarding legal proceedings. The said ground cannot be considered as a bona fide ground in view of the judgment of the Hon'ble Supreme Court in the case of SMT. SHYAMO DEVI AND OTHERS Vs. STATE OF U.P THROUGH SECRETARY AND OTHERS, reported in AIR 2024 SC 2862 and in MRINMOY MAITY Vs. CHHANDA KOLEY AND OTHERS, reported in 2024 (4) SCR 506, wherein the Hon'ble Supreme Court has held that if sufficient cause has not been shown for inordinate delay in approaching the Court, such petition requires to be dismissed on the ground of delay. 5. In that view of the matter, as the petitioners herein have not shown sufficient cause to condone the inordinate delay of - 6 - HC-KAR NC: 2025:KHC:19673 WP No. 15678 of 2025 more than six decades, I am of the view that, no interference is called for in this writ petition. 6. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 41