- 1 - HC-KAR NC: 2025:KHC-D:17395 WP No. 108452 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108452 OF 2025 (LR-) BETWEEN: IRA S/O. GANAPPA GOUDA, AGED: 88 YEARS, OCC. AGRICULTURE, R/O BALEKOPPA, TQ. SIDDAPUR, DIST: UTTARA KANNADA 581 355. [SENIOR CITIZEN BENEFITS NOT CLAIMED] NOTE: PETITOINER IS SOLE LR OF GANAPA IRA GOUDA. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU – 01. 2. THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR, DIST: UTTARA KANNADA – 581 301. 3. ASSISTANT COMMISSIONER, SIRSI SUB-DIVISION, SIRSI – 581 401, DIST: UTTARA KANNADA. 4. TAHASILDAR SIRSI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 401. 5. THE LAND TRIBUNAL, SIDDAPUR-II TQ: SIDDAPUR, DIST: UTTARA KANNADA – 581 355, REP. BY CHAIRMAN. 6. GANAPA S/O. NAGU GOUDA, AGED 70 YEARS, OCC: AGRICULTURE, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17395 WP No. 108452 of 2025 R/O ATTISAVALU, BALEKOPPA, TQ: SIDDAPUR, DIST: UTTAR KANNADA – 581 355. 7. SHANKAR S/O. NAGU GOUDA, AGED 62 YEARS, OCC: AGRICULTURE, R/O ATTISAVALU, BALEKOPPA, TQ: SIDDAPUR, DIST: UTTARA KANNADA – 581 355. 8. GOURI KOM TIMMA GOUDA, AGED 56 YEARS, OCC: HOUSEHOLD, R/O KULLE, HUKKALI (NILKUND), TQ: SIDDAPUR, DIST: UTTARA KANNADA – 581 331. 9. MADEVI KOM MANJUNATH GOUDA, AGE 62 YEARS, OCC: HOUSEHOLD, R/O GANIKOPPA, MUTTIGE VILLAGE (KAVALKOPPA) TQ: SIDDAPUR, DIST: UTTARA KANNADA – 581 355. 10. DEVI KOM TIMMA GOUDA, AGED MAJOR, OCC: HOUSEHOLD, R/O GANIKOPA, MUTTIGE VILLAGE (KAVALKOPPA), TQ: SIDDAPUR, DIST: UTTAR KANNADA – 581 355. 11. RAMAKRISHNA S/O. PARAMESHWAR BHAT, AGED MAJOR, OCC: AGRICULTURE, TQ: SIDDAPUR, DIST. UTTAR KANNADA – 581 355. NOTE: [R6 TO 10 ARE THE LRS OF SOORA HULIYA GOUDA] …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 28-12-1981 PASSED BY LAND TRIBUNAL SIDDAPUR -II (RESPONDENT NO.5) IN RESPECT OF SY.NO. 253/2 OF BALEKOPPA VILLAGE MEASURING 1 ACRE 8 GUNTAS IN PROCEEDING BEARING NO. TNC-DSR-II-4688 +7525 +7489+4651+3775+2018+3772+4687+7487 MARKED AT ANNEXURE M. B. ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 28-11-1981 PASSED BY LAND TRIBUNAL SIDDAPUR -II (RESPONDENT - 3 - HC-KAR NC: 2025:KHC-D:17395 WP No. 108452 of 2025 NO.5) IN RESPECT OF SY.NO. 253/2 OF BALEKOPPA VILLAGE MEASURING 1 ACRE 8 GUNTAS IN PROCEEDING BEARING NO. TNC- DSR-II-1469 MARKED AT ANNEXURE N AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The Petitioner is before this Court seeking the following prayers: A. Issue Writ of Certiorari by quashing the order dated 28-12-1981 passed by Land Tribunal Siddapur -II (Respondent No.5) in respect of Sy.No. 253/2 of Balekoppa Village measuring 1 acre 8 guntas in proceeding bearing No.TNC-DSR-II-4688+7525 +7489+4651+3775+2018+3772+4687+7487 marked at Annexure M. B. Issue Writ of Certiorari by quashing the order dated 28-11-1981 passed by Land Tribunal Siddapur -II (Respondent No.5) in respect of Sy.No. 253/2 of Balekoppa village measuring 1 acre 8 guntas in proceeding bearing No.TNC-DSR-II-1469 marked at Annexure N. C. Such other relief as the Hon’ble Court deems fit may kindly be granted. 2. Heard Sri.Vishwanath Hedge, learned counsel appearing for the petitioner and have perused the material on record. - 4 - HC-KAR NC: 2025:KHC-D:17395 WP No. 108452 of 2025 3. The name of the ancestors of the petitioner is said to have been entered in M.E.No.976 concerning Sy.No.253/2. The mutation entries so entered is cancelled on the premise that a sale deed is executed. According to the petitioner, the sale deed so executed was in violation of Sections 63 and 64 of the Tenancy Act prevailing at the relevant point in time. Later on 24.10.1967, one Sura’s name is entered in the RTC in a particular proceeding. On 28.11.1981, the Land Tribunal Siddapur-II passed an order conferring occupancy right in respect of Sy.No.253/2 of Balekoppa village in favour of Sura S/o Huliya Gouda in Form No.10 by virtue of the Land Tribunal’s order. The petitioner in the subject petition has tried to build up the dates and events to generate challenge to the order passed by the Land Tribunal in the year 1981. It is the submission of learned counsel appearing for the petitioner that though the Land Tribunal’s order is passed on 28.11.1981 and 28.12.1981, have not attained finality, the petitioner continues to be in joint possession of the property till today and therefore, certain events that have taken place in the year 2024 have given the cause of action to challenge the order of the Land Tribunal. In- effect, the petitioner is wanting to challenge the order today i.e., - 5 - HC-KAR NC: 2025:KHC-D:17395 WP No. 108452 of 2025 44 years vintage. The explanation so averred in the petition does not inspire even a semblance of confidence for entertainment of a writ petition challenging an order of 44 years vintage. Learned counsel submits that equity should always lien in favour of the petitioner as the orders of the Land Tribunal have not become final. The petitioner having kept quiet for 44 years, cannot now contend that equity should lien in his favour. Equity nonetheless would be available if it is projected within a reasonable time and 44 years, by no stretch of imagination can be said to be reasonable time. In that light, the petition does not deserve any entertainment on sheer delay of 44 years in raising a challenge to the order of the Land Tribunal. 4. The petition lacking in merit, stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE RHR/CBC CT-ASC List No.: 1 Sl No.: 33