- 1 - HC-KAR NC: 2026:KHC:32068 WP No. 5710 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5710 OF 2022 (KLR-RES) BETWEEN: 1. SMT SUBBU D/O SMT LATE PUTTAMMA AGED ABOUT 80 YEARS 2. SRI NARAYANA S/O SMT LATE PUTTAMMA AGED ABOUT 79 YEARS 3. SRI BHADRA S/O SMT LATE ABBAKKA AGED ABOUT 75 YEARS ALL ARE R/ AT CHIKTADI HEROOR VILLAGE RAGIHAKLU POST BYNDOOR TALUK UDUPI DISTRICT - 576224. …PETITIONERS (BY SRI. VASANTH KUMAR H T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING AMBEDKAR VEEDHI BENGALURU - 560001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE LAND TRIBUNAL KUNDAPURA TALUK UDUPI DISTRICT - 581421 REP BY THE PRESIDENT. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32068 WP No. 5710 of 2022 3. THE TAHASILDAR TALUK OFFICE, BYNDOOR UDUPI DISTRICT – 576214. 4. SRI JANARDHAN UDUPA S/O PADMANABHA UDUPA R/AT UDUPARA MANE CHIKTADI HEROOR VILLAGE RAGIHAKLU POST, BYNDOOR TALUK UDUPI DISTRICT - 576224 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3: SRI VARUN J PATIL, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 24.09.1981 PASSED BY THE R-2 VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel for the parties. 2. The petitioners are assailing the order dated 24.09.1981(Annexure-D) passed the respondent No.2. 3. It is the submission of the learned counsel appearing for the petitioners that the petitioners are in possession of - 3 - HC-KAR NC: 2026:KHC:32068 WP No. 5710 of 2022 the land in question and, accordingly, seeks interference of this Court. 4. Per contra, Sri Varun J.Patil, learned counsel appearing for the contesting private respondent submitted that there is a delay of 41 years in challenging impugned order at Annexure-D and, therefore, sought for dismissal of the petition on the ground of delay and laches. 5. Learned HCGP also argued on similar lines. 6. In the light of the submissions made by the learned counsel appearing for the parties and on careful examination of the averments made in the writ petition, it is noticed that, no explanation has been made to condone the delay of more than four decades in challenging the impugned order at Annexure-D. 7. In that view of the matter, following the declaration made by the Hon’ble Supreme Court in the cases of SHIVAMMA (DEAD) BY LRS VS. KARNATAKA HOUSING BOARD AND ORS reported in 2025 SCC Online SC 1969 - 4 - HC-KAR NC: 2026:KHC:32068 WP No. 5710 of 2022 and H.GURUSWAMY & ORS. vs. A.KRISHNAIAH reported in 2025 SCC Online SC 54, I am of the view that the writ petition deserves to be dismissed on the ground of delay and laches, as there is no sufficient cause shown to condone the delay of more than four decades in challenging the impugned order at Annexure-D. 8. Accordingly, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE HA LIST NO.: 1 SL NO.: 48