- 1 - NC: 2025:KHC:6900 WP No. 7192 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7192 OF 2022 (KLR-RES) BETWEEN: 1. K P VEERABHADRAIAH S/O LATE K H PANCHAKSHARI ARADYA AGED ABOUT 61 YEARS AGRICULTURIST RESIDING AT KUDIGERE VILLAGE THYAGARTHI POST ANANTHAPURA HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT-577431 2. K B VAGEESH S/O LATE K L BALAGANGADHARAIAH AND GRAND SON OF LATE LINGMURTHY ARADHYA AGED ABOUT 47 YEARS AGRICULTURIST RESIDING AT KUDIGERE VILLAGE THYAGARTHI POST ANANTHAPURA HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT-577431 …PETITIONERS (BY SRI. NAGARAJ S JAIN, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6900 WP No. 7192 of 2022 AND: 1. JOINT DIRECTOR OF LAND RECORDS (REGIONAL) BENGALURU REGION K R CIRCLE, BENGALURU - 560001 2. DEPUTY DIRECTOR OF LAND RECORDS (DDLR) AND TECHNICAL ASSISTANT AND EX-OFFICIO TO THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SIR M V ROAD SHIVAMOGGA-577201 3. ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) TALUK OFFICE SAGARA SHIVAMOGGA DISTRICT PIN CODE -577401 4. TAHASILDAR SAGARA TALUK SHIVAMOGGA DISTRICT-577401 5. K H HALASIDDAIAH S/O K H SHIVAMURTHY ARADHYA AGED ABOUT 76 YEARS 6. K S VISHWANATH S/O K H SHIVAMURTHY ARADHYA AGED ABOUT 63 YEARS 7. K S PRAKASH S/O K H SHIVAMURTHY ARADHYA AGED ABOUT 61 YEARS RESPONDENT NOS.5 TO 7 ARE RESIDING AT KUDIGERE VILLAGE THYAGARTHI POST ANANTHAPURA HOBLI - 3 - NC: 2025:KHC:6900 WP No. 7192 of 2022 SAGARA TALUK SHIVAMOGGA DISTRICT-577431 8. MALLIKARJUNA S/O MALLAPPA GOWDA AGED ABOUT 64 YEARS 9. YUVARAJAPPA S/O SIDDAPPA GOWDA AGED ABOUT 58 YEARS 10. KANLE PUTTAPPA S/O KANLE MUDDAPPA AGE MAJOR 11. K H MALLIKARJUNA S/O HALASWAMY GOWDA AGED ABOUT 58 YEARS 12. LINGARAJAPPA GOWDA S/O NINGAPPA GOWDA AGED ABOUT 67 YEARS RESPONDENT NOS.8 TO 12 ARE RESIDING AT KUDIGERE VILLAGE THYAGARTHI POST ANANTHAPURA HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT-577432 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1 TO R.4; SRI.PRITHVI WODEYAR, ADVOCATE FOR R.5 TO R.9; R.11 AND 12 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL - 4 - NC: 2025:KHC:6900 WP No. 7192 of 2022 FOR THE RECORDS PERTAINING TO THE ORDER DATED 09.03.2021 ON THE FILE OF THE R-2 AND ORDER DATED 16.03.2022 ON THE FILE OF THE R-1 AND UPON PERUSAL BE PLEASED TO QUASH THE ORDER DATED 16.03.2022 PASSED BY THE R-1 VIDE ANNX-Y AND THE ORDER DATED 09.03.2021 PASSED BY THE R-2 VIDE ANNX-V AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, in the captioned writ petition, are assailing the order dated 16.03.2022 passed by respondent No.1 - Joint Director of Land Records as per Annexure-Y and the order dated 09.03.2021 passed by respondent No.2 - Deputy Director of Land Records as per Annexure-V. 12. The primary contention raised in the captioned writ petition is that respondent No.2 - Deputy Director of Land Records lacks jurisdiction to entertain an appeal, - 5 - NC: 2025:KHC:6900 WP No. 7192 of 2022 which was filed beyond the period of limitation prescribed under Section 51 of the Karnataka Land Revenue Act. 3. Heard learned counsel appearing for the petitioners and learned counsel appearing for the private respondent Nos.5 to 9 and learned HCGP appearing for respondent No.1 to 4. 4. The learned counsel representing the private respondents fairly concedes that the appeal has been decided without addressing the application filed under Section 5 of the Limitation Act. While the petitioners contend that no such application accompanied the appeal, the learned counsel for the private respondents counters this argument by referring to the application that was, in fact, submitted along with the appeal. 5. This Court has consistently held that Quasi- Judicial Authorities are not empowered to entertain a belated appeal unless it is accompanied by an application under Section 5 of the Limitation Act. Furthermore, such - 6 - NC: 2025:KHC:6900 WP No. 7192 of 2022 an application must be considered, and appropriate orders must be passed before the authority can proceed to examine the merits of the case. 6. In the present matter, although the petitioners did file an application under Section 5 of the Limitation Act, the Authority failed to pass an order on the application prior to considering the appeal on its merits. This oversight renders the challenged order procedurally flawed. In light of the submissions made by the learned counsel for the private respondents, the impugned orders cannot be sustained. Accordingly, they are liable to be set aside, and the matter is remitted to respondent No. 2 — Deputy Director of Land Records to first decide on the application under Section 5 of the Limitation Act and thereafter proceed to consider the merits of the appeal. 7. Since both the parties are represented by their respective counsel except respondent No.10, they shall appear before respondent No.2 - Deputy Director of Land Records on the next date of hearing fixed by this Court. - 7 - NC: 2025:KHC:6900 WP No. 7192 of 2022 8. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The order dated 16.03.2022 passed by respondent No.1 - Joint Director of Land Records as per Annexure-Y and the order dated 09.03.2021 passed by respondent No.2 - Deputy Director of Land Records as per Annexure-V are hereby quashed and set-aside. (iii) Respondent No.2 - Deputy Director of Land Records shall first decide the application filed under Section 5 of the Limitation Act in accordance with law. (iv) After passing appropriate orders on an application filed under Section 5 of the Limitation Act, the Authorities shall proceed to pass orders in accordance with law. - 8 - NC: 2025:KHC:6900 WP No. 7192 of 2022 (v) The petitioners and private respondents are hereby directed to appear before respondent No.2 - Deputy Director of Land Records on 18.03.2025. (vi) On the first date of hearing, respondent No.2 - Deputy Director of Land Records shall ensure that notice is ordered to respondent No.10 to whom the notice is not served before this Court. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2