Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11370 OF 2023 (LR) BETWEEN:
1. SRI. H. SYED ABRAR S/O SYED HABBEB LRS OF SYED YUSUFF AGED ABOUT 32 YEARS R/O NO.153, 9TH CROSS PRAKRUTHI LAYOUT HENNUR CROSS KALYANANAAGARA BENGALURU-560043. 2. SRI. SYED SADDEK S/O SYED HABBEB LRS OF SYED YUSUFF AGED ABOUT 30 YEARS R/O NO.153, 9TH CROSS PRAKRUTHI LAYOUT HENNUR CROSS KALYANANAAGARA BENGALURU-560043. 3. SMT. HEENA KOUSAR D/O SYED SANAULLA LRS OF SYED ISSAC AGED ABOUT 40 YEARS
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
R/O NO.57, AHMED SHED ROAD SUN BHEEMA APARTMENTS FRAZER TOWN BENGALURU-560005. 4. SMT. SABHA KOUSAR D/O SYED SANAULLA LRS OF SYED ISAAC AGED ABOUT 38 YEARS R/O NO.57, AHMED SHED ROAD, SUN BHEEMA APARTMENTS, FRAZER TOWN, BENGALURU-560005. 5. SMT. SEEMA KOUSAR D/O SYED SANAULLA LRS OF SYED ISAAC AGED ABOUT 36 YEARS R/O NO.57, AHMED SHED ROAD SUN BHEEMA APARTMENTS FRAZER TOWN BENGALURU-560005. 6. SYED ABDUL GAFFOOR S/O LATE SYED YAKOOB AGED ABOUT 72 YEARS R/O NO.25/6, ASHOKA ROAD THOMAS TOWN BENGALURU-560084 REP BY THE POWER OF ATTORNEY SRI. KALLEMULLA S/O LATE S. MEHABOOB AGED ABOUT 64 YEARS R/O NO.458, 3RD CROSS WILSON GARDEN
- 3 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
BENGALURU-560027. …PETITIONERS (BY SRI. NAGARAJA H., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE SECRETARY LAND TRIBUNAL BENGALURU NORTH TLAUK KANDAYA BHAVAN K.G. ROAD BENGALURU-560009. 3. PACHAPPA @ GULLAPPA SINCE DECEASED REP. BY LRS. SRI. P. SRINIVASA MURTHY AGED ABOUT 52 YEARS S/O LATE PACHAPPA @ GULLAPPA R/O VENKATALA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK - 560 004. 4. SRI. NARAYANA S/O LATE PACHAPPA @ GULLAPPA AGED ABOUT 50 YEARS
- 4 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
R/O VENKATALA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560 064. 5. SRI. RAMA AGED ABOUT 48 YEARS D/O LATE PACHAPPA @ GULLAPPA R/O VENKATALA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560 064. 6. SMT. SUSHEELAMMA AGED ABOUT 58 YEARS D/O LATE PACHAPPA @ GULLAPPA R/O VENKATALA VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK-560 064.
…RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 & R2;
SRI. K. VIJAYAKUMAR, ADVOCATE FOR R3 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDL. LAND ACQUISITION OFFICER, BENGALURU, DODDABALLAPURA SUB-DIVISION AND CHAIRMAN, LAND TRIBUNAL, BENGALURU NORTH, PASSED IN LRF NO.561/1974-75 DATED 08.08.1986 VIDE ANNEXURE-J.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
- 5 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
ORAL ORDER
1. In this Writ Petition, petitioners are assailing the order dated 08.08.1986 in case No.LRF.561/74-75 at Annexure-J passed by the Land Tribunal, Bangalore.
2. Sri. K. Vijaya Kumar, learned counsel appearing for the contesting respondent Nos.3 to 6, raised preliminary objection with regard to the averments made in the Writ Petition and also submitted that the Writ Petition has been filed after inordinate delay of 37 years.
3. Having taken note of the submissions made by the
learned counsel appearing for the parties, on careful
consideration of the reasons assigned in the Writ Petition as to condone the delay of 37 years in filing the Writ Petition, I am of the view that, the reasons assigned in the Writ Petition cannot be accepted to condone the delay of more than three decades in filing the Writ Petition.
4. In that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in Shivamma (Dead)
- 6 -
HC-KAR
CNR: KAHC010265392023 NC: 2026:KHC:37385 WP No. 11370 of 2023
by 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, the Writ Petition is deserves to be dismissed on the ground of delay and laches.
5. Accordingly, the Writ Petition is dismissed.
6. Consequently, I.A.1/2026 does not survive for
consideration.
SD/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 11