- 1 - HC-KAR NC: 2025:KHC:25911 WP No. 7829 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7829 OF 2024 (LR) BETWEEN: 1. RUKMINI HEGGDATHY (SINCE DECEASED) BY HER LRS SMT. SHOBHA R. SHETTY AGED ABOUT 67 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) D/O LATE LEELAVATHY HEGGGDATHY, W/O SRI K RAJARAM SHETTY, R/A ASHIRVAD NO. 2-135, KORANGRAPADY, UDUPI - 574118 …PETITIONER (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. REP BY ITS SECRETARY. 2. CHAIRMAN, LAND TRIBUNAL, KARKALA, UDUPI DISTRICT - 574116. 3. SMT EVELINE NAZRATH AGED ABOUT 58 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25911 WP No. 7829 of 2024 W/O C L NAZRATH, RESIDING NEAR KODU HOUSE, SHRIVA, UDUPI TQ AND DIST - 574116. 4. SMT MONICA NAZRATH AGED ABOUT 59 YEARS, W/O LAWRENCE NAZARATH, RESIDING NEAR KODU HOUSE, SHIRVA, UDUPI TQ AND DIST - 574116. …RESPONDENTS (BY SRI. K P YOGANNA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 05.01.1976 CONFERRING THE PUNJA LANDS IN THE S.NOS.504-1A AND 504-1B (ANNEXURE-D) IN FAVOR OF R3 AND THE ORDER DTD 14.09.1981 CONFERRNIGTHE PUNJA LANDS IN THE S.NOS.289-1BS MEASURING 1-04 ACRES(ANNEXURE-G) IN FAVOR OF THE R4, PASSED BY THE R2 AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioner is assailing the orders dated 05.01.1976 and 14.09.1981, conferring the occupancy rights in respect of the unjal lands in favour of respondent Nos.3 and 4 as per Annexures D and F respectively and accordingly the writ petition is filed. - 3 - HC-KAR NC: 2025:KHC:25911 WP No. 7829 of 2024 2. I have heard Sri Nataraja Ballal A, learned counsel appearing for the petitioner and the learned AGA. 3. Learned counsel appearing for the petitioner submitted that though there is a delay in filing the writ petition, however, the unjal lands have been considered by the respondent No.2 while conferring occupancy rights in favour of the respondent Nos.3 and 4 is concerned and accordingly sought for interference of this Court. 4. Per contra, Sri K P Yoganna, learned AGA appearing for the respondent - authorities sought to justify the impugned orders and submitted that there is delay of more than nearly five decades and accordingly sought for dismissal of this writ petition. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful examination of order dated 05.01.1976 (Annexure D) and the order dated 14.09.1981 (Annexure F) wherein the inordinate delay of about 49 years challenging the said - 4 - HC-KAR NC: 2025:KHC:25911 WP No. 7829 of 2024 order by the petitioner. In that view of the matter, taking into consideration the factual aspects on record would indicate by referring to the averments in the writ petition that no acceptable or sufficient cause has been shown with regard to challenging the impugned orders at Annexures D and F. Therefore, I find force in the submission made by the learned AGA that there is an inordinate delay in filing the writ petition. Accordingly, following the declaration of law made by the Hon'ble Apex Court in the case of Mrinmoy Maity vs. Chhanda Koley and Others reported in 2024 SCC Online SC 551 :: (2024) 4 SCR 506, sufficient cause has not been shown to challenge the impugned orders nearly of more than five decades, on the question of delay and laches. Hence, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE YKL/List No.: 1 Sl No.: 26