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2025 DAILYLAW 32819 (KAR)

SMT J C POORNIMA v. THE ASSISTANT COMMISSIONER

WP/22748/2023 · 2025-06-03

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18616 WP NO.22748 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.22748 OF 2023 (LR) BETWEEN: SMT. J.C. POORNIMA W/O K.N. JAYANATH, AGED ABOUT 54 YEARS, R/AT MANGALA GRAMA, HANUR HOBLI, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT - 571 440. …PETITIONER (BY SRI. RAVI PRAKASH V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLLEGALA SUB DIVISION, KOLLEGALA, CHAMARAJANAGAR DISTRICT - 571 440. 2. THE SPECIAL TAHSILDAR HANUR TALUK, HANUR, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT - 571 440. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA ) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18616 WP NO.22748 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 DATED 20TH MARCH, 2008 IN PROCEEDINGS BEARING LRF.259/2007- 08 VIDE ANNEXURE-J TO THIS WRIT PETITION, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE AND CONSEQUENTLY ALLOW THE WRIT PETITION HOLDING THAT THE PETITIONER HAS PURCHASED THE LAND IN ACCORDANCE WITH LAW. 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 Sri. K.P. Yoganna, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is assailing order dated 20th March, 2008 (Annexure-J) passed by the respondent No.1 in LRF No.259/2007-08. 3. Sri. K.P. Yoganna, learned Additional Government Advocate appearing for respondents submits that there is an inordinate delay in filing the writ petition in challenging the impugned order. 4. Having taken note of the factual aspects on record and averments made in the writ petition, I am of the view that, - 3 - HC-KAR NC: 2025:KHC:18616 WP NO.22748 OF 2023 there is delay in challenging the impugned order dated 20th March, 2008 (Annexure-J) passed in LRF No.259/2007-08 and also there is no acceptable reason to condone the inordinate delay of more than a decade in the writ petition. Therefore, in view of the law declared by Hon'ble Apex Court in the case of SMT. SHYAMO DEVI AND OTHERS vs. STATE OF U.P. THROUGH THE SECRETARY AND OTHERS reported in AIR 2024 SC 2862, as the petitioner has not disclosed the bonafide reasons, I am of the opinion that there is no sufficient cause to interfere with the impugned order, which has been passed a decade back. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 28