Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27027 WP No. 38413 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 38413 OF 2025 (LR) BETWEEN:
1.
SRI. M.S. RUDRESH S/O LATE C. SIDDARAJAPPA, AGED ABOUT 53 YEARS, R/AT NO.52, MACHOHALLI COLONY, BAPA VILLAGE AND POST, BENGALURU NORTH TALUK, BENGALURU-560009. …PETITIONER (BY SRI. NAGARAJA S., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA THE REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU -560001, REP. BY THE SECRETARY.
2.
THE SPECIAL TAHASILDAR, THE LAND TRIBUNAL, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562123.
3.
SRI. HANUMANTHARAJU S/O LATE ANJINAPPA, AGED ABOUT 52 YEARS,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27027 WP No. 38413 of 2025
R/AT K.G LAKKENAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK-562162. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.09.1981 PASSED BY THE LAND TRIBUNAL, THE RESPONDENT NO.2 IN ORDER NO.
LRF.LKH.7, 8/75-76 IN THE APPLICATION FILED BY THE RESPONDENT NO.3 IN FORM NO.7 AS PER ANNX-D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. In this Writ Petition, petitioner is assailing the order dated 22.09.1981 (Annexure-D) passed by the Land Tribunal in respect of the application filed by respondent No.3.
3. Having taken note of the submissions made by the
learned counsel for the petitioner and as the learned Additional Government Advocate raised preliminary objection as to delay
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HC-KAR NC: 2026:KHC:27027 WP No. 38413 of 2025
in filing Writ Petition of more than 45 years and taking into
consideration the averments made in the Writ Petition, I am of the view that, sufficient cause has not been shown to condone the delay of more than 45 years in filing the appeal.
4. In that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in Shivamma (Dead) by LRs Vs. Karnataka Housing Board and Others reported in 2025 SCC OnLine SC 1969 and in H. Guruswamy and Others Vs. A. Krishnaiah, since deceased by LRs, reported in 2025 SCC OnLine SC 54, I am of the view that, that the Writ Petition deserves to be dismissed on the ground of delay and laches as no acceptable ground has been shown to condone the inordinate delay of 45 years in filing the Writ Petition.
5. Accordingly, the Writ Petition is dismissed on the ground of delay and laches.
SD/- (E.S.INDIRESH) JUDGE
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