- 1 - HC-KAR NC: 2025:KHC:20901 WP No. 25530 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25530 OF 2024 (LR) BETWEEN: SMT. ANILA S. HEGDE W/O SHUBAKARA HEGDE, AGED ABOUT 79 YEARS, R/AT DEVI PRASAD HOUSE, ANJARU HIRIYADKA, UDUPI DISTRICT UDUPI - 576113. …PETITIONER (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001. 2. THE LAND TRIBUNAL UDUPI UDUPI TALUK, UDUPI DISTRICT - 572101. 3. SUNDARA POOJARY S/O LATE BADDA POOJARY, AGED ABOUT 70 YEARS, 4. BABU POOJARY S/O LATE BADDA POOJARY, AGED ABOUT 65 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20901 WP No. 25530 of 2024 5. DEVAKI POOJARTHI D/O LATE BADDA POOJARY, AGED ABOUT 73 YEAS, RESPONDENT NOS. 3 TO 5 ARE R/AT GARADI MANE, NEAR ANJAR GARADI, ANJAR RING ROAD, HIRIYADKA POST, HIRIYADKA, UDUPI TALUK DISTRICT UDUPI - 576113. 6. DR. RAKSHITH HEGDE S/O LATE RAGHURAMA HEGDE, AGED ABOUT 55 YEARS, R/AT NO.402, VINNA APARTMENT, 2ND CROSS SHIVBAGH, MANGALURU - 575 002. 7. KISHAN BALLAL AGED ABOUT 60 YEARS, 8. ROSHAN SURAJITH AGED ABOUT 59 YEARS, 9. BHUSHAN G BALLAL AGED ABOUT 57 YEARS, ALL ARE CHILDREN OF LATE SMT. PRABHVATHI G BALLAL W/O H. GANGADHARA BALLAL "BRINDAYAM" 1-45A OPPOSITE GOVERNMENT COLLEGE, HEBRI ROAD, HIRIYADKA POST, HIRIYADKA - 576113. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 & R2) - 3 - HC-KAR NC: 2025:KHC:20901 WP No. 25530 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.12.1978 IN NO.LRY/44-37/TRI 6888-78-79 PASSED BY THE RESPONDENT NO.2 LAND TRIBUNAL IN SO FOR AS LAND BEARING NO.25/1 MEASURING 31 CENTS OF ANJARU VILLAGE, UDUPI TALUK (ANNX-A). 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. In this writ petition, petitioner is assailing the order dated 16.12.1978 passed by Land Tribunal (respondent No.2) in LRY/44-37/TRI 6888-78-79(Annexure-A). 2. Learned counsel appearing for the petitioner submitted that the case of the petitioner herein is, the respondent No.2 - Land Tribunal has exceeded its jurisdiction by allowing Form-7 filed by one late Bhadda Poojary in so far as the subject land is concerned and accordingly, learned counsel sought for interference of this Court. - 4 - HC-KAR NC: 2025:KHC:20901 WP No. 25530 of 2024 3. Per contra, learned Additional Government Advocate submitted that the impugned order is passed on 16.12.1978 and there is delay of 46 years in challenging the impugned order with regard to Form-7, and therefore, no interference is called for in this writ petition. 4. In the light of the submissions made by learned counsel appearing for the parties, taking into account, the fact that the petitioner herein is challenging the order dated 16.12.1978(Annexure-A), wherein, there is delay of more than four decades and sufficient cause has not been shown in the writ petition so as to condone the said inordinate unexplained delay in challenging the impugned order. 5. In that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in the case of MRINMOY MAITY Vs. CHHANDA KOLEY AND OTHERS, reported in 2024 (4) S.C.R. 506, the writ petition is hereby rejected. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 30