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2026 DAILYLAW 29612 (KAR)

SRI. CHANDRASHEKAR UDUPA U v. THE STATE OF KARNATAKA

WP/17306/2026 · 2026-07-14

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:35774 WP No. 17306 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 17306 OF 2026 (LR) BETWEEN: SRI. CHANDRASHEKAR UDUPA U. S/O U.J .DEVARAYA UDUPA, AGED ABOUT 63 YEARS, NO.208, OLD POST OFFICE, UPPINAKUDRU, KUNDAPURA TALUK, UDUPI DISTRICT-576230. …PETITIONER (BY SRI. GIREESHA KODGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001, REPRESENTED BY ITS SECRETARY TO GOVERNMENT. 2. THE LAND TRIBUNAL, KUNDAPURA TALUK, OFFICE OF THE TAHASILDAR, KUNDAPURA, UDUPI DISTRICT- 576201. 3. TAHASILDAR, OFFICE OF THE TAHASILDAR, KUNDAPURA, UDUPI DISTRICT- 576201. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35774 WP No. 17306 of 2026 4. CHANDRASHEKAR SHERUGARA, S/O THIMMAPPA SHERUGARA, AGED ABOUT 70 YEARS, ANGADIMANE, UPPINAKUDRU, KUNDAPURA TALUK, UDUPI DISTRICT-576230. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN NO. T.R.I 3018/3019/3022/3020/3021/3023/80- 81 ON THE FILE OF THE LAND REFORMS TRIBUNAL, KUNDAPURA-VIII, UDUPI DISTRICT 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 Learned High Court Government Pleader accepts notice for respondents No.1 to 3. 2. In this writ petition, the petitioner is assailing the order dated 22.09.1981 passed by the Land Reforms Tribunal, Kundapura, in respect of land bearing Survey No.197/5B measuring 16 cents and Survey No.206/4 measuring 9 cents of Uppinakudru Village, Kundapura Taluk, Udupi District as per Annexure-J. - 3 - HC-KAR NC: 2026:KHC:35774 WP No. 17306 of 2026 3. Sri. Gireesha Kodgi, learned counsel appearing for the petitioner by referring to the impugned order at Annexure-J, submitted that, the application has not been considered insofar as the subject land is concerned. It is also submitted that, though the said application has not been made in respect of the aforementioned land in question, however, the subject land has not found place in the land granted in favour of the wife of the original applicant - Thimmappa Sherugara and accordingly sought for interference of this Court. 4. Per-contra, learned High Court Government Pleader submitted that, there is an inordinate delay of nearly 45 years in filing this petition and therefore, sought for dismissal of the petition. 5. In that view of the matter, taking into consideration the fact that the impugned order is passed on 22.09.1981 and there is no acceptable reason shown as to condone the delay of more than four decades, following - 4 - HC-KAR NC: 2026:KHC:35774 WP No. 17306 of 2026 the declaration of law made by the Hon'ble Supreme Court in the case of SHIVAMMA (DEAD) BY LRS VS. KARNATAKA HOUSING BOARD AND ORS1 and in the case of H. GURUSWAMY AND OTHERS VS. A. KRISHNAIAH SINCE DECEASED BY LRS2, the writ petition is liable to be dismissed. 6. Accordingly, the writ petition is dismissed on the ground of delay and laches. SD/- (E.S.INDIRESH) JUDGE MCR List No.: 1 Sl No.: 25 1 2025 SCC Online SC 1969 2 2025 INSC 53