Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48647-DB WA No. 709 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 709 OF 2025 (LR) BETWEEN:
1.
STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, BENGALURU - 560001.
2.
THE LAND TRIBUNAL BY ITS SECRETARY, K.R.NAGAR TALUK, K R NAGAR MYSORE DISTRICT
3.
THE TAHSILDAR K R NAGAR TALUK K R NAGAR, MYSORE DISTRICT (NOW NEWLY FORMED TALUK, SALIGRAMA TALUK, SALIGRAMA, MYSORE DISTRICT)
…APPELLANTS (BY SRI. MILIND DANGE, AGA)
AND:
SRI. M A KRISHNA GOWDA
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48647-DB WA No. 709 of 2025
S/O APPAJIGOWDA, MAJOR, SINCE DECEASED BY LRS SMT. PREMAMMA W/O LATE KRISHNEGOWDA R/A MIRLE, K R NAGAR TALUK, (NOW SALIGRAMA TALUK) MYSORE DISTRICT. …RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 10/01/2007 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.27438/1999, BY ALLOWING THE WRIT APPEAL AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an
order dated 10.01.2007 passed by the learned Single Judge of this Court in W.P. No.27438/1999. The appellants have also filed an application seeking condonation of delay of 5932 days in filing the appeal. The appellants have explained the delay on the grounds
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HC-KAR NC: 2025:KHC:48647-DB WA No. 709 of 2025
"office exigency and tedious formalities to be followed by the appellants for obtaining permission to file the appeal".
2. The appellants state that during the hearing of the petition, the file was sent to the office of the Advocate General and therefore, it took sometime to receive the file back. It is stated that thereafter, a letter dated 15.07.2009 was sent to the Legal Department, Government of Karnataka to seek permission to file the appeal. Thus, admittedly for approximately two and half years, the appellants had not even sought the permission to file the appeal.
3. It is stated that thereafter, the appellants had sent several letters seeking permission to file an appeal. However, in the meanwhile, the K.R.Nagar Taluk was divided into two Taluks and the Mirle village became a part of the Saligram Taluk. The appellants states that "during the shift of the office of Tahsildar, there was a delay in following up with the Government of Karnataka seeking permission to file the writ appeal". Finally, the Government of Karnataka had granted the permission on
26.09.2022. It is stated that thereafter, the appellants have taken steps to file the present appeal and the present appeal was filed on 24.04.2025 which is again more than two and a half years after the
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HC-KAR NC: 2025:KHC:48647-DB WA No. 709 of 2025
permission was granted for filing of the appeal. It is also noted that the notification for splitting of the Taluks was issued on 31.12.2020.
4. It is apparent from the above that there are no credible reasons for explaining the delay in filing the present appeal. Therefore, application seeking condonation of delay of 5932 days [more than 16 years] is rejected. Consequently, the appeal is rejected as well.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE BS - List No.: 2 Sl No.: 18