- 1 - HC-KAR NC: 2025:KHC:25689 WP No. 21852 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21852 OF 2023 (LR) BETWEEN: 1. SRI. N. UMESH RAO S/O. LATE SUBBA RAO, AGED ABOUT 63 YEARS, R/AT SRI RASHMI, NEAR SRI MAHISHA MARDHINI TEMPLE, NEELAVARA, BRHAMAVARA TALUK, UDUPI DISTRICT-576 101. …PETITIONER (BY SRI. GOVINDARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE CHAIRMAN LAND TRIBUNAL UDUPI, UDUPI DISTRICT-576 116. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25689 WP No. 21852 of 2023 3. SRI MAHISHA MARDHINI TEMPLE NEELAVARA VILLAGE AND POST, BRHAMAVARA TALUK, UDUPI DISTRICT-576 213. REPRESENTED BY ITS MANAGING TRUSTEE. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22/01/1981 PASSED BY THE LAND TRIBUNAL UDUPI, THE RESPONDENT NO.2 IN RESPECT OF OCCUPANCY RIGHTS GRANTED IN SURVEY NO.121/2 MEASURING 12 CENTS SITUATED AT NEELVARA VILLAGE, BRAHAMAVARA TALUK AND UDUPI DISTRICT PASSED IN LRY-54/240-TRI-8690-79/80 VIDE ANNEXURE-A; DIRECT TO RESPONDENT NO.2 ALLOW THE FORM NO.7 IN RESPECT OF OCCUPANCY RIGHTS IN SURVEY NO.121/9 MEASURING 13 CENTS SITUATED AT NEELAVARA VILLAGE, UDUPI TALUK AND DISTRICT IN LRY-54-240- TRI-8690-79/80 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:25689 WP No. 21852 of 2023 ORAL ORDER Sri K.P. Yoganna, learned Additional Government Advocate accepts notice for respondents 1 and 2. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioner is assailing the order dated 22.01.1981 passed by the respondent No.2-Land Tribunal (Annexure- A) wherein the Land Tribunal rejected the application filed by the petitioner claiming occupancy rights in respect of Sy No.120/4 and 121/9 of Neelavara Village, Bhramavara Taluk and Udupi District. 4. Perusal of the order passed by the Land Tribunal at Annexure-A would indicate that, there is delay of 42 years in filing the writ petition. Upon careful examination of averments made in the writ petition, this Court finds that no acceptable or sufficient - 4 - HC-KAR NC: 2025:KHC:25689 WP No. 21852 of 2023 reasons have been provided to justify the delay of more than four decades in challenging the said order. In that view of the above, in light of the law laid down by the Hon’ble Supreme Court in State of Nagaland v. Lipok Ao and others reported in (2005) 3 SCC 752 and another recent judgment in the case of Mrinmoy Maity Vs. Chhanda Koley and others reported in 2024 SCC Online SC 551, I am of the opinion that, the writ petition deserves to be dismissed on the ground of delay and laches as no sufficient cause is established. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 18