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2025 DAILYLAW 57040 (KAR)

THE STATE OF KARNATAKA v. K S LINGAPPA

WA/38/2025 · 2025-08-05

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30285-DB WA No. 38 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 38 OF 2025 (SC-ST) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT MULTISTORIED BUILDING BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HAMILTION CIRCLE DAKSHINA KANNADA DISTRICT MANGALURU - 575 001. 3. THE ASSISTANT COMMISSIONER PUTTUR SUB DIVISION, OFFICE OF THE DISTRICT GOVERNMENT OFFICE PUTTUR - 574 201. 4. THE TAHSILDAR SULLIA TALUK SULLIA - 574 203 …APPELLANTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30285-DB WA No. 38 of 2025 AND: 1. K.S. LINGAPPA S/O. SITARAMA AGED ABOUT 52 YEARS KUNDALPADI PARAJE DODDERI AJJAWARA VILLAGE SULIYA TALUK DAKSHINA KANNADA DISTRICT. 2. RAMA S/O LATE MALLA MAJOR ADKARU, JALSOR VILLAGE SULLIA TALUK DAKSHINA KANNADA DISTRICT - 574 203. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 28/07/2023 PASSED IN WRIT PETITION NO.2586/2023 BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30285-DB WA No. 38 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The present appeal has been filed after an inordinate delay of 465 days. The appellant has filed an application - I.A.No.1/2025 seeking condonation of delay, and explaining the same. It is stated that although the impugned order was passed on 28.07.2023, the certified copy was received on 16.09.2023. Thereafter, it was placed before the Government Advocate for legal opinion, which was sent to the Head of the Legal Cell of the Revenue Department on 04.11.2023. It is stated that it took few months to communicate the same, and it was received in the office of the Deputy Commissioner on 13.05.2024. Thereafter, the grounds of the appeal were prepared and were sent on 20.07.2024. Once again a few months were taken in the office of the Advocate General for allotment of the work in preparing the writ appeal. And a few days time was taken for typing the manuscript portion. The present appeal was filed on 09.01.2025. - 4 - HC-KAR NC: 2025:KHC:30285-DB WA No. 38 of 2025 2. As noted above, apart from stating that it took few months' time at each stage, there is no credible explanation for the delay. 3. In the given circumstances, we are unable to accept that the appellant has presented a sufficient cause for condoning the delay in this case. The application I.A.No.1/2025 is accordingly, dismissed. 4. Consequently, the appeal is dismissed. 5. Pending applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 23