Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21790 WP NO.31176 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31176 OF 2024 (SC-ST) BETWEEN:
SRI. B.N. RAJAPPA S/O LATE NEELAPPA, AGED ABOUT 48 YEARS, R/AT SARASWATHIPURA, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …PETITIONER (BY SRI. SWAMY B.P., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT - 577 101.
2.
THE ASSISTANT COMMISSIONER THARIKERE SUB-DIVISION, TARIKERE - 577 201.
3.
SRI. B.V. KOTTURAPPA S/O G.K. VEERABHADRAPPA, AGE: MAJOR, BIRUR TOWN, KADUR TALUK - 577 116. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28TH JANUARY, 2000 PASSED BY
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21790 WP NO.31176 OF 2024
THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION IN CASE NO.SC-ST 72/98-99 VIDE ANNEXURE-F AND THE ORDER DATED 16TH FEBRUARY, 2009 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT IN CASE NO.PTCL 04/2008-09 VIDE ANNEXURE-G; 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
Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents 1 and 2.
2. In this writ petition, the petitioner is assailing the
order dated 28th January, 2000 (Annexure-F) passed by the respondent No.2 in Case No.SC-ST 72/98-99 and order dated 16th February, 2009 (Annexure-G) passed by the respondent No.1 in Case No.PTCL 04/2008-09.
3. Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 and 2 raised preliminary objection with regard to delay of nearly
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HC-KAR NC: 2025:KHC:21790 WP NO.31176 OF 2024
fifteen years in challenging the impugned orders in the present petition.
4. Having taken note of the objection raised by the learned Additional Government Advocate, I have carefully examined the grounds urged by the petitioner in the writ petition. On perusal of the grounds urged by the petitioner at paragraph No.8(e), I am of the view that the cause shown by the petitioner cannot be considered as a sufficient cause to interfere with the impugned orders passed by the respondent-Authorities, after a period of more than fifteen years in view of the law declare by 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 the case of 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.
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HC-KAR NC: 2025:KHC:21790 WP NO.31176 OF 2024
5. Therefore, as the petitioner herein has not shown sufficient cause in the present petition to condone the inordinate delay of more than fifteen years, I am of the view that, no interference be called for in this writ petition. Accordingly, writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 27