- 1 - HC-KAR CNR: KAHC010079452024 NC: 2026:KHC:36083 WP No. 5180 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5180 OF 2024 (LR) BETWEEN: SRI ANNI POOJARY S/O LATE DAKAYYA POOJARY, AGED ABOUT 69 YEARS, RESIDING AT MANGARADY HOUSE, ANDINJE VILLAGE, BELTHANGADY, D.K DISTRICT-574242. …PETITIONER (BY SRI. RAKSHITH KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S BUILDING, VIDHANA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE LAND TRIBUNAL BELTHANGADY, D.K-574242. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010079452024 NC: 2026:KHC:36083 WP No. 5180 of 2024 3. THE DEPUTY COMMISSIONER BUNDER, MANGALURU DAKSHINA KANNDA DISTRICT-575001. 4. THE ASSISTANT COMMISSIONER SUB DIVISION PUTTUR, DAKSHINA KANNAD DISTRICT-574201. 5. THE TAHASILDAR OFFICE OF THE TAHASILDAR, BELTHANGADY, DAKSHINA KANNADA DISTRICT-574214. 6. THE PANCHAYATH DEVELOPEMTN OFFICE ANDINJE VILLAGE, BELTHANGADY TALUK, D.K DISTRICT-574242. 7. SRI SHEKARA POOJARY S/O LATE RAGHAVA POOJARY, AGED ABOUT 34 YEARS, 8. SRI CHIDANANDA POOJARY S/O LATE RAGHAVA POOJARY, AGED ABOUT 38 YEARS, 9. SRI ANANDA S/O LATE RAGHAVA POOJARY, AGED ABOUT 36 YEARS, 10. SMT PREMA D/O LATE RAGHAVA POOJARY, AGED ABOUT 32 YEARS, - 3 - HC-KAR CNR: KAHC010079452024 NC: 2026:KHC:36083 WP No. 5180 of 2024 11. SMT SHARADA D/O LATE RAGHAVA POOJARY, AGED ABOUT 32 YEARS, RESPONDENTS 7 TO 11 ARE R/A MANGARADY MEGINA MANE, BELTHANGADY, D.K DISTRICT-574242. …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N., HCGP FOR R1 TO R5 SRI. A.KESHAVA BHAT., ADVOCATE FOR R7, R8, R10, R11 R6-THE PDO, DK DISTRICT –SD R9 – ANANDA – SD) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.8.2005 PASSED BY THE R2 LAND TRIBUNAL IN PROCEEDINGS BEARING NO.LRY.59.74-75 ALONG WITH 112.76-77 AS PER ANNEXURE-A, AND PASS AN ORDER IN THE NATURE OF WRIT CERTIORARI OR ANY ANY THE APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED GRANT CERTIFICATE DATED 21.1.2006 GRANTED BY THE R2 LAND TRIBUNAL, AS PER ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 25.08.2005 (Annexure-A) passed by the respondent No.2, interalia sought for direction to the respondent - 4 - HC-KAR CNR: KAHC010079452024 NC: 2026:KHC:36083 WP No. 5180 of 2024 authorities to quash grant certificate issued in favour of the father of the respondent Nos.7 to 11. 2. In this regard, Sri A.Keshava Bhat, learned counsel appearing for the private respondents raise a preliminary objection that the writ petition is of the year 2024, challenging the order passed by the Land Tribunal after a lapse of 19 years and therefore, sought for dismissal of the petition on the ground of delay and laches. 3. In this regard, Sri Rakshith Kumar, learned counsel appearing for the petitioner submits that the entire proceedings have been conducted against the dead person and therefore sought for interference of the court. 4. However, taking into consideration the finding recorded by the Tribunal at Annexure-A would indicate that the respondent therein was represented through the learned counsel. - 5 - HC-KAR CNR: KAHC010079452024 NC: 2026:KHC:36083 WP No. 5180 of 2024 5. In that view of the matter, the petitioner is well aware about the proceedings before the Land Tribunal and in that view of the matter, I find force in the submission made by the learned counsel appearing for the respondents No.7, 8, 10 and 11 and therefore following the declaration of law made by the Hon'ble Supreme Court in the case of the case of Shivamma (Dead) by LRS vs. Karnataka Housing Board and Ors., reported in 2025 SCC Online SC 1969 and in the case of H.Guruswamy & Ors. vs. A.Krishnaiah, Since deceased by LRS reported in 2025 SCC Online SC 54, as there is no sufficient cause has been shown to condone the delay of 19 years, the writ petition is accordingly, dismissed on the ground of delay and laches. SD/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 53