- 1 - HC-KAR NC: 2026:KHC:26100 WP No. 3684 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 3684 OF 2022 (LR) BETWEEN: 1. S SRINIVASACHAR S/O LATE SHESHACHAR AGED 66 YEARS, OCC ARCHAKA R/AT GEETHA MANDIRA N.R.BADAVANE, CHINTAMANI CHIKKABALLAPUR DIST-563 125 2. SRINIVAS V.R. S/O RAJACHAR AGED 48 YEARS, OCC: ARCHAKA R/AT NAGARTHPET, CHINTAMANI TOWN, CHIKKABALLAPUR DIST-563 125 …PETITIONERS (BY SRI. G BALAKRISHNA SHASTRY.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26100 WP No. 3684 of 2022 2. SRI.VENUGOPALASWAMY OOLVADI BY TAHASILDAR AND MUZARAI OFFICER, CHINTAMANI TALUK, CHIKKABALLAPUR DIST-563125 3. DEPUTY COMMISSIONER CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT-562101 4. SRI.ANJANEYASWAMY DEVARU OOLVADI BY TAHASILDAR AND MUZARAI OFFICER, CHINTAMANI TALUK, CHIKKABALLAPRU DIST-563125 …RESPONDENTS (BY SRI. ESWARAPPA AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDA PRAYING TO-QUASH THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE DTD 07.01.2020 IN APPEAL NO.235/2015 VIDE ANNX-A, QUASH THE ORDER OF THE DEPUTY COMMISSIONER IN LRM/INM (CHIM) 19/2006-07 DTD 21.07.2014 VIDE ANNX-B AND FURTHER DIRECT THE DEPUTY COMMISSIONER TO GRANT OF OCCUPANCY RIGHTS IN RESPECT OF THE PETITION LANDS DESCRIBED IN PARA-2 OF THE W.P. 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: 2026:KHC:26100 WP No. 3684 of 2022 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, petitioner is assailing the Order dated 07.01.2020 in Appeal No. 235/2015 on the file of the Karnataka Appellate Tribunal at Bengaluru. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the Karnataka Appellate Tribunal by the impugned order at Annexure-A has dismissed the appeal on the ground of delay of 189 days in filing the appeal. 4. Taking into consideration that the issue involved in this petition is with regard to the property of the petitioners concerned and also taking into consideration the reasons assigned by the petitioners/applicants before the Karnataka Appellate Tribunal, I am of the view that, the Karnataka Appellate Tribunal ought to have condoned the delay of 189 days in preferring the appeal. In that view of the matter, I pass the following: ORDER i) The Writ petition is allowed. - 4 - HC-KAR NC: 2026:KHC:26100 WP No. 3684 of 2022 ii) Impugned Order dated 07.01.2020, in Appeal No. 235/2015, (Annexure-A), on the file of the Karnataka Appellate Tribunal at Bengaluru is hereby set aside and the application filed by the petitioners herein before the Karnataka Appellate Tribunal under Section 5 of the Limitation Act is accordingly allowed. iii) The Karnataka Appellate Tribunal is directed to consider the matter afresh on merits and to pass appropriate orders in accordance with law. iv) Since the parties are represented by their learned counsels, and in order to expedite the hearing the parties are hereby directed to appear before the Karnataka Appellate Tribunal on 06.07.2026 at 11.00 a.m without awaiting further notice. SD/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 57