- 1 - HC-KAR NC: 2026:KHC:32697 WP NO.43451 OF 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.43451 OF 2016 (LR) BETWEEN: SHEKHAR SHETTY S/O LATE MAHABALA SHETTY, AGED ABOUT 69 YEARS, R/O HUNSE ADI, BALLADI HOUSE, MUDRADI VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …PETITIONER (BY SRI. JAYAKARA SHETTY H.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY, M.S. BUILDING, BENGALURU - 560 001. 2. THE 7TH LAND TRIBUNAL KARKALA, KARKALA TALUK (D.K.) PRESENTLY UDUPI DISTRICT - 574 104. NETRAVATHI AMMA, SINCE DEAD,BY LR. 3. PANDURANGA PADIYAR S/O LATE NARASIMHA PADIYAR, AGED ABOUT 80 YEARS, R/O VARANGA PETE HOUSE, VARANGA VILLAGE AND POST, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 AND R2; SRI. RAJARAM S., ADVOCATE FOR R3) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32697 WP NO.43451 OF 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATD 05TH SEPTEMBER, 1981 PASSED BY THE RESPONDENT NO.2 INSOFAR AS IT RELATES TO SCHEDULE LANDS ARE CONCRENED VIDE ANNEXURE-A; DIRECT THE RESPONDENT NO.2 TO GRANT OCCUPANCY RIGHT IN RESPECT OF SCHEDULE LANDS ARE CONCERNED; 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 In this petition, the petitioner is challenging the order dated 05th September, 1981 (Annexure-A) passed by the respondent No.2 in respect of the subject land. 2. Heard Sri. Jayakara Shetty H., learned counsel appearing for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 and 2; and Sri. Rajaram S., learned counsel appearing for the respondent No.3. 3. Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents raised preliminary objection that, the petitioner has challenged the impugned order after a period of 34 years and has not shown the sufficient cause as to delay occurred in filing the writ petition. - 3 - HC-KAR NC: 2026:KHC:32697 WP NO.43451 OF 2016 4. Having taken note of submission made by learned Additional Government Advocate appearing for respondents 1 and 2, following the law declared by Hon'ble Supreme Court in the case of SHIVAMMA (DEAD) BY LRS vs. KARNATAKA HOUSING BOARD AND OTHERS reported in 2025 SCC OnLine SC 1969 and in the case of H. GURUSWAMY AND OTHERS vs. KRISHNAIAH SINCE DECEASED BY LRS reported in 2025 SCC OnLine SC 54, the present writ petition deserves to be dismissed, since, the petitioner has not shown acceptable ground as to condone the inordinate delay of more than three decades in challenging the impugned order. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 40