- 1 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 23195 OF 2024 (LB-RES) BETWEEN: 1. SMT. PARVATHAMMA W/O HONNAPPA RAJU, AGED ABOUT 53 YEARS, R/AT MAKALI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562159 …PETITIONER (BY SRI. RAMACHANDRA G. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. EXECUTIVE OFFICER TALUK PANCHAYATH, CHANNAPATNA TALU, B M ROAD, CHANNAPATNA, RAMANAGARA DISTRICT-562160. 3. THE PANCHAYATH DEVELOPMENT OFFICER MAKALI VILLAGE PANCHAYATH, MAKALI VILLAGE, CHANNAPATNA TALUK, RAMANAGAR DISTRICT-562160. Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 4. CHANDRAKALA W/O LATE SHIVANNA, AGED ABOUT 58 YEARS, R/AT NO.109, 1ST MAIN ROAD, NEAR GANESHA TEMPLE, NAYANDANAHALLI, BENGALURU-560039 5. SRI. SHARATH S/O LATE SHIVANNA, AGED ABOUT 35 YEARS, R/AT NO.109, 1ST MAIN ROAD, NEAR GANESHA TEMPLE, NAYANDANAHALLI, BENGALURU-560039 …RESPONDENTS (BY SRI. SPOORTHI V., HCGP FOR R1 SRI. M.S. DEVARAJU, ADVOCATE FOR R2 AND R3 SRI. K.J. JAGADEESHA, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05/12/2023 PASSED BY THE RESPONDENT NO.2 IN CASE NO.01/23-24 AS PER ANNEXURE- H AND ETC., THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Admittedly, the khata of the property which is the subject matter of the writ petition, stood in the name of the petitioner. It is submitted that the petitioner was granted khata in respect of property Khanesumari No.623, measuring 4428-00 Squate Feet, situated at Makali Village, Channapatna Taluk, Ramanagara District, in the year 2017. Thereafter, the same was challenged by respondent No.4 by filing an appeal before respondent No.2 herein under Section 269 of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 (for short, 'the Act') as late as in the year 2023. The said appeal was not accompanied by an application for condonation of delay as contemplated under Section 269 (1) of the Act. However, respondent No.2 has entertained the appeal and has allowed the same. Aggrieved by the same, the present writ petition is filed. - 4 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 2. Any person who intends to file an appeal under Section 269 of the Act is required to do so within a period of 30 days from the date on which the impugned order is passed. If there is a delay in filing the appeal, an application seeking condonation of delay has to be filed under Section 269(1) of the Act. The Appellate Authority is empowered to consider the same in accordance with law and condone the same or dismiss it by assigning reasons. However, the appeal cannot be entertained without condonation of delay. 3. In the instant case, admittedly, the appeal was filed after a lapse of nearly six (06) years and no application for condonation of delay, as contemplated under Section 269(1) of the Act, was filed. Further, no order has been passed condoning the inordinate delay. 4. For the aforementioned reasons, I proceed to pass the following: - 5 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 ORDER i. The Writ Petition is hereby allowed. ii. The impugned order dated 05.12.2023 passed by respondent No.2 vide Annexure-H to the writ petition, is hereby set aside. iii. The matter stands remanded back to respondent No.2. iv. The parties shall appear before respondent No.2 on 09.04.2026 at 03.00 p.m., without further notice. v. Respondent No.4 is given liberty to make an application under Section 269(1) of the Act, for condonation of delay. vi. The same shall be considered in accordance with law and fresh orders will be passed on the appeal filed by respondent No.4 by respondent No.3 as expeditiously as possible. - 6 - HC-KAR NC: 2026:KHC:14030 WP No. 23195 of 2024 vii. Pending I.A.s, if any stand disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 30