- 1 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15036 OF 2026 (LR) BETWEEN: SMT. JAYANTHI HEGDE, W/O JAGADISH HEGDE, AGED ABOUT 79 YEARS, RESIDING AT FLAT NO.1302, JANGID TOWER, MTNL ROAD, SHANTI PARK, MIRA ROAD EAST, THANE, MAHARASHTRA - 401 107. …PETITIONER (BY SRI. ADITYA BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, STATE GOVERNMENT, REVENUE DEPARTMENT, DR. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER OF MANGALORE, DAKSHINA KANNADA DISTRICT, BUNDER, MANGALURU - 575 001. 3. ASSISTANT COMMISSIONER Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 AND CHAIRMAN OF THE LAND TRIBUNAL MANGALORE, DAKSHINA KANNADA DISTRICT, BUNDER, MANGALURU - 575 001. 4. TAHSILDAR, MAIDAN ROAD, BHAVATHI, DAKSHINA KANNADA DISTRICT, BUNDER, MANGALURU - 575 001. 5. SRI. RAGHAVA SHETTY, AGED ABOUT MAJOR, S/O. LATE. VASU SHETTY. R/AT SOLIFEIR TOWERS, 16TH FLOOR, S.B. MARG, MAHIM, MUMBAI - 400 004. 6. SRI. SANJEEVA SHETTY, AGED ABOUT. MAJOR, S/O. LATE. VASU SHETTY, R/AT DODDAMANE, INNA VILLAGE AND POST, KARKALA TALUK, UDUPI DISTRICT - 576 121. 7. SMT. SUMATHI SHETTY, AGED ABOUT MAJOR, D/O. LATE VASU SHETTY, 8. SMT. SUNANDA SHETTY, AGED ABOUT. MAJOR, D/O. LATE VASU SHETTY, - 3 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 9. SMT. SHANTHA SHETTY, AGED ABOUT. MAJOR, D/O. LATE VASU SHETTY. 10. SMT. JAYANTHI SHETTY, AGED ABOUT. MAJOR, D/O. LATE VASU SHETTY. 11. SRI. PRADEEP, AGED ABOUT. MAJOR, S/O. LATE VASU SHETTY, RESPONDENT NO.7 TO 11 ALL RESIDING AT B-1, PANKAJ BUILDING, OPP. JOGAVRI INDUSTRIAL ESTATE, BAVANISHANKAR ROAD, DADAR WEST, MUMBAI - 400 028. …RESPONDENTS (BY SRI.A.S.HARSHA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT NO.3 (LD. LAND TRIBUNAL) TO PRODUCE THE COMPLETE AND ENTIRE RECORDS OF LRT 293/1981-82; B) DIRECT, TO QUASH OR SET ASIDE THE ORDER DATED 04.11.1981 PASSED IN CASE NO. LRT 293/1981-82 PASSED BY RESPONDENT NO.3 AT ANNEXURE - A 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 - 4 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 to 4. 2. In this petition, the petitioner is assailing the order dated 04.11.1981 in LRT 293/1981-82 (Annexure- A) passed by respondent No.3. 3. Sri. A.S.Harisha, learned Additional Government Advocate for respondents No.1 to 4 raised preliminary objection that the writ petition is filed after 45 years of passing of the impugned order and accordingly, sought for dismissal of the petition. 4. In this regard, learned counsel appearing for the petitioner refers to the reasons stated in paragraph 11 and 12 of the writ petition and submitted that petitioner came to know about the same, when the private respondents herein have made efforts to sell the schedule property which is lying in the midst of the other properties and accordingly, sought for interference of this Court. - 5 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 5. Having heard the learned counsel appearing for the parties and on careful consideration of the averments made in paragraph 11 and 12 which would indicate that the petitioner and the private respondents are closely related. 6. In that view of the matter, I am of the view that the petitioner is aware about the proceedings, in LRT No.293/1981-82 before the Land Tribunal at Annexure-A. In that view of the matter, I am of the view that the petitioner was not diligent for nearly 45 years to challenge the impugned order at Annexure-A. 7. In that view of the matter, as the sufficient cause has not been shown to condone the delay of 45 years in approaching this Court and by following the declaration made by the Hon'ble Supreme Court in the case of H. Guruswamy and others vs. A Krishnaiah since deceased by LRs.1 and in the case of Shivamma 1 2025 SCC Online SC 54 - 6 - HC-KAR CNR: KAHC010323302026 NC: 2026:KHC:38213 WP No. 15036 of 2026 (dead) by LRs., Vs. Karnataka Housing Board and others2, I am of the view that, no interference is called for in this petition, as no bona fide reasons reflected in the petition. 8. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE tsn* List No.: 1 Sl No.: 19 2 2025 SCC Online SC 1969