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2025 DAILYLAW 30800 (KAR)

SRI VENKATESH M S v. THE STATE OF KARNATAKA

WA/1178/2024 · 2025-04-24

K V Aravind, N V Anjaria Cj

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Judgment text

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- 1 - NC: 2025:KHC:16981-DB WA No. 1178 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL NO. 1178 OF 2024 (LR) BETWEEN: SRI. VENKATESH M.S, S/O LATE V. SRINIVASALU, AGED ABOUT 46 YEARS, R/AT NO.2047, 2ND CROSS, PIPELINE ROAD, PRASHANTH NAGAR, T. DASARAHALLI, BENGALURU - 560 057, OCCUPATION: AGRICULTURIST, MOBILE: 9036727331. …APPELLANT (BY SRI. M. RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER HUNASURU SUB-DIVISION, HUNASURU, MYSURU DISTRICT - 571 105. 3. THE TAHSILDAR, Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:16981-DB WA No. 1178 of 2024 HUNASURU TALUK, HUNASURU, MYSURU DISTRICT - 571 105. …RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKAR, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24.06.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS COURT IN WP No. 20038/2023 (LR) BY ALLOWING THIS WRIT APPEAL AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Shri M.Rajashekar for the appellant and learned Additional Government Advocate Shri Naveen Chandrashekar for the respondent-State and its authorities. - 3 - NC: 2025:KHC:16981-DB WA No. 1178 of 2024 2. The challenge in this appeal is directed against the judgment and order dated 24.06.2024 of learned Single Judge, whereby the writ petition came to be dismissed. 3. The challenge before learned Single Judge in the original petition was made to order dated 21.06.2017 passed by respondent No.2-Assistant Commissioner, whereby the claim of the petitioner in respect of subject matter of the land was negatived. The petitioner had purchased the land which was Survey No.31/1A2 at Mudigere village, Kasaba Hobli, Gubbi Taluka, Tumakuru District, by registered sale deed dated 21.10.2009. 3.1 The proceedings were initiated by respondent No.2 under Section 79(A) and (B) read with Section 83 of the Karnataka Land Reforms Act, 1961, on the ground that the petitioner purchased the said land in violation of the provisions of the Act. The petitioner did not appear in the said proceedings and the competent authority passed the order. 4. The challenge to the said order was negatived by learned Single Judge on the ground that the order impugned before him was passed on 21.06.2017 whereas the writ petition was filed - 4 - NC: 2025:KHC:16981-DB WA No. 1178 of 2024 after yawning gap of seven years, in the year 2024. 5. No explanation muchless satisfactory explanation has been coming forth for delay of seven years. Secondly, the record produced by learned Additional Government Advocate in the nature of two postal acknowledgements, before learned Single Judge, revealed that the petitioner was served, yet he had whiled away the time, leading to delay and laches of seven years. 6. This Court is entirely in agreement with the view taken by learned Single Judge in dismissing the petition. 7. No case is made out for interference. The appeal is meritless and it is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE YN List No.: 1 Sl No.: 15 CT: BHK