- 1 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16448 OF 2025 (LR) BETWEEN: 1. SRI. M. PANCHAKSHARAPPA S/O. KOONEYAPPA, AGED ABOUT 50 YEARS, REP. BY ITS PRESIDENT/CONVENER, MANAGEMENT COMMITTEE, HORIHOLI BASAVESHWARA TEMPLE, CHIKKAPURA VILLAGE, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. 2. SRI. C.P. BASAVANAGOWDA, S/O. UJJENAPPA AGED ABOUT 66 YEARS, REP. BY ITS VICE PRESIDENT/CO-CONVENER, MANAGEMENT COMMITTEE, HORIHOLI BASAVESHWARA TEMPLE, CHIKKAPURA VILLAGE, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. 3. SRI. M. DIVAKARA, S/O. BASAVANYAPPA, AGED ABOUT 50 YEARS, REP. BY ITS MANAGEMENT COMMITTEE MEMBER, HORIHOLI BASAVESHWARA TEMPLE, CHIKKAPURA VILLAGE, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 4. SMT. KAVYA K. W/O. NIRANJAN K AGED ABOUT 40 YEARS, REP. BY ITS MANAGEMENT COMMITTEE MEMBER HORIHOLI BASAVESHWARA TEMPLE, CHIKKAPURA VILLAGE, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. 5. SMT. KAVITHA, W/O. RAVIKUMAR, AGED ABOUT 40 YEARS, REP. BY ITS MANAGEMENT COMMITTEE MEMBER HORIHOLI BASAVESHWARA TEMPLE, CHIKKAPURA VILLAGE, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. …PETITIONERS (BY SMT. ANITHA H.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDI BENGALURU-560001 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA 577201. 3. THE ASSISTANT COMMISSIONER, SUB-DIVISION, SAGAR-577401, SHIVAMOGGA DISTRICT. 4. THE LAND TRIBUNAL, SHIKARIPURA, SHIKARIPURA TALUK, - 3 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 SHIVAMOGGA DISTRICT-577427 5. THE APPELLATE AUTHORITY, SAGAR, SHIVAMOGGA DISTRICT-577401. 6. THE TAHASILDAR, SHIKARIPURA TALUK-577427 SHIVAMOGGA DISTRICT. 7. SMT. ANASUYAMMA, W/O. HALLAPPA, MAJOR, R/AT. CHIKKAPURA VILLAGE, SALURU POST, SHIKARIPURA TALUK-577427, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LAND TRIBUNAL/3RD RESPONDENT IN NO. LRF-INA. 238/87-88 OF THE LAND TRIBUNAL, SHIKARIPURA DATED 2-2-1988 ANNEXURE-P AND QUASH THE ORDER PASSED BY THE APPELLATE AUTHORITY SAGAR IN APPEAL NO. L.R.A.35/1988 ON 23-06-1999 ANNEXURE-Q 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 - 4 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioner is challenging the order dated 02.02.1988 passed by the Land Tribunal (Annexure–P) and the subsequent order dated 23.06.1999 passed by the Appellate Authority in LRA No.35/1988 (Annexure–Q). 4. Sri. K.P. Yoganna, learned Additional Government Advocate appearing for the respondent- State submitted that the writ petition is suffers from delay and laches and accordingly, sought dismissal of the writ petition as being belated. It is contended that the petitioner is agitating rights after an inordinate delay. - 5 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 5. In this regard, the learned counsel for the petitioner submitted that, though the Land Tribunal order is of the year 1988 and thereafter, Appellate Authority has considered the same as per Annexure-Q on 23.06.1999 and accordingly, dropped the proceedings stating that there is enquiry pending before the Land Tribunal, however, there was no pending enquiry before the Land Tribunal. Further learned counsel appearing for the petitioner invited the attention of the court to the proceedings dated 07.10.2024 Annexure- S, with regard to entering the name of the respondent No.7 in the hakkupatra/ RTC extracts and submits that granting occupancy rights in favour of respondent No.7 is illegal. Accordingly, sought for interference of this Court. 6. Having considered the rival contentions, it is evident that the petitioner is challenging the order passed by the Land Tribunal after nearly four decades, - 6 - HC-KAR NC: 2025:KHC:22283 WP No. 16448 of 2025 and the order of the Appellate Authority was passed over 16 years ago. Upon careful examination of the writ petition, this Court finds that no acceptable or sufficient reasons have been provided to justify the delay in challenging the said orders. In view of the above, and in light of the law laid down by the Hon’ble Supreme Court in State of Nagaland v. Lipok Ao and others reported in (2005) 3 SCC 752 and another recent judgment in the case of Mrinmoy Maity Vs. Chhanda Koley and others reported in 2024 SCC Online SC 551, I am of the opinion that, the writ petition deserves to be dismissed on the grounds of delay and laches as no sufficient cause is established. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 45