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2026 DAILYLAW 12956 (KAR)

THE DEPUTY CONTROLLER OF COMMUNICATION ACCOUNTS v. SMT. BASAMMA

WP/16255/2023 · 2026-04-17

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21187-DB WP No. 16255 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 16255 OF 2023 (S-CAT) BETWEEN: THE DEPUTY CONTROLLER OF COMMUNICATION ACCOUNTS MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY DEPARTMENT OF TELECOMMUNICATIONS OFFICE OF THE CONTROLLER OF COMMUNICATION ACCOUNTS KARNATAKA CIRCLE, AMENITY BLOCK, PALACE ROAD, BENGALURU-560001. …PETITIONER (BY SRI. VIKESH B.G., ADV. FOR SRI P KARUNAKARA, ADV.) AND: 1. SMT. BASAMMA W/O LATE YALLAPPA KATIMANI AGED ABOUT 52 YEARS R/AT ANGAMESHWARA CAMP VADDARAHATTI, GANGAVATHI TALUK KOPPALA DISTRICT. 2. THE CHIEF GENERAL MANAGER TELECOM, KARNATAKA CIRCLE NO.1, SWAMI VIVEKANANDA ROAD ULSOOR, BANGALORE - 560008. 3. THE GENERAL MANAGER TELECOM BSNL, RAICHUR – 583102. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21187-DB WP No. 16255 of 2023 4. THE DIVISIONAL ENGINEER TELECOME, KOPPAL - 583231. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND UNDER RULE 2(3) WRIT PROCEEDING RULES, 1977, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 24.01.2020 PASSED IN ORIGINAL APPLICATION NO.170/1860/2018 BY CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BRANCH VIDE ANNEXURE- A AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard learned counsel Sri.Vikesh.B.G., for Sri.P.Karunakara, learned counsel for the petitioner. 2. The petitioner is before this Court assailing the order dated 24.01.2020 passed by the Central Administrative Tribunal, Bangalore Bench (for short, “the Tribunal”) in O.A. No.170/01860/2018. 3. The dispute in the application pertained to the claim for death benefits arising out of the service of the deceased - 3 - HC-KAR NC: 2026:KHC:21187-DB WP No. 16255 of 2023 Government employee. Rival claims were made by his two wives. By the impugned order, the Tribunal, having regard to the compromise entered into between the rival parties in R.A. No.513/2009 arising out of O.S. No.26/2007 apportioned the benefits accordingly. 4. Sri Vikesh B. G., learned counsel for Sri P. Karunakara learned counsel appearing for the petitioner, submits that the order of the Tribunal apportioning the financial benefits on the basis of the compromise decree is contrary to the governing rules. It is further submitted that the petitioner was not a party to the said compromise and, therefore, the same is not binding on the petitioner. 5. Before proceeding to consider the submissions made on merits, we notice that the impugned order is dated 24.01.2020, whereas the present writ petition came to be filed only on 24.07.2023. The petition is being listed before this Court for ‘Preliminary Hearing’, after compliance with office objections, after a lapse of nearly more than two and a half years. As on date, nearly six years have lapsed from the date of the impugned order. - 4 - HC-KAR NC: 2026:KHC:21187-DB WP No. 16255 of 2023 6. No period of limitation is prescribed for filing a writ petition, however the right must be availed within a reasonable time. The delay of more than three and a half years in preferring the writ petition cannot be considered reasonable to warrant entertainment of this writ petition. The present writ petition has been filed with inordinate and unexplained delay, and if entertained, the same would prejudice the rights that have already accrued in favour of the private respondent. 7. In light of the above, we are not inclined to entertain this writ petition on the ground of delay and laches. For the aforesaid reasons, we deem it unnecessary to examine the submissions made by the learned counsel for the petitioner on merits. 8. Accordingly, writ petition stands dismissed. SD/- (S.G.PANDIT) JUDGE SD/- (K. V. ARAVIND) JUDGE NC CT:bms