- 1 - HC-KAR NC: 2026:KHC:34350 WP No. 13736 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13736 OF 2026 (LR) BETWEEN: 1. SMT. ANJALINA D SOUZA D/O LATE FRANCIS D MELLOW, AGED ABOUT 87 YEARS, R/AT DADDU HOUSE POST, KEDINJE VILLAGE-574110 KARKALA TALUK, UDUPI DISTRICT REPRESENTED BY HER GPA, MR.RONALD D'SOUZA …PETITIONER (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU -560001. 2. THE CHAIRMAN LAND TRIBUNAL KARKALA-574201 UDUPI DISTRICT. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34350 WP No. 13736 of 2026 3. SMT. PAULINE AGERA W/O LATE ALPHONE AGERA, AGED ABOUT 74 YEARS. 4. MS. SUNITHA, D/O LATE ALPHONE AGERA, AGED ABOUT 53 YEARS. 5. MS. JACINTA D/O LATE ALPHONE AGERA, AGED ABOUT 49 YEARS. 6. FR. CYRIL AGERA S/O LATE ALPONE AGERA, AGED ABOUT 47 YEARS. 7. SRI.ALWYN AGERA S/O LATE ALPHONE AGERA, AGED ABOUT 44 YEARS. RESPONDENTS NO.3 TO 7 ARE RESIDING AT AGERA VILLA, KEDINJE VILLAGE-574110, KARKALA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SMT. SHARADA H.V., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 31.08.1981 IN TRL NO.124/81-82 TO THE EXTENT OF GRANT OF 4.07 ACRES IN SY.NO.143 OF NANDALIKE VILLAGE (ANNEXURE G)L AND ETC. - 3 - HC-KAR NC: 2026:KHC:34350 WP No. 13736 of 2026 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. In this Writ Petition, petitioner is assailing the order dated 31.08.1981 in TRL NO.124/81-82(Annexure-G) passed by the respondent No.2 to an extent of 4.07 acres in Sy.No.143 of Nandalike Village, Karkala Taluk, inter alia sought for quashing of the order dated 28.09.1981 in TRL NO.850&851/81-82 (Annexure-H) passed by the respondent No.2 in respect of the land bearing Sy.No.53/3A measuring O.22 acre of Kedinje Village, Karkala Taluk. 2. Sri. K. Chandranath Ariga, learned counsel appearing for the petitioner referred to the Endorsement dated 26.09.2025 at Annexure-K and submitted that the petitioner came to know about the proceedings before the Land Tribunal during 2025 and accordingly, sought for interference of this Court. It is argued by Sri. K. Chandranath Ariga, learned counsel, that the dispute is in respect of only one of the items of the schedule - 4 - HC-KAR NC: 2026:KHC:34350 WP No. 13736 of 2026 before the Land Tribunal (Annexure-G) and therefore, there is no impediment for this Court to interfere in this Writ Petition. 3. Per contra, learned Additional Government Advocate submitted that the petitioner has been challenging the impugned order after 45 years and therefore, there is inordinate delay in filing the Writ Petition and accordingly, the Writ Petition is liable to be dismissed. 4. Having heard the learned counsel appearing for the parties, on careful consideration of the impugned order at Annexure-G, wherein father of the petitioner had appeared as respondent before the Land Tribunal. It is also forthcoming from the order at Annexure-G that father of the petitioner was no more and as such the petitioner had appeared before the Land Tribunal at the time of passing the order dated 31.08.1981 as per Annexure-G. In that view of the matter, the petitioner was aware of the proceedings as per Annexure-G during 1981 itself and accordingly, I am of the view that, no interference is called for in this Writ Petition. 5. Accordingly, following the declaration of law made by the Hon'ble Supreme Court in the case of Shivamma (Dead) by - 5 - HC-KAR NC: 2026:KHC:34350 WP No. 13736 of 2026 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, as there is no proper explanation to condone the delay of more than four decades, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 10