- 1 - HC-KAR CNR: KAHC010494772026 NC: 2026:KHC:43504 WP No. 22379 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22379 OF 2026 (KLR-RES) BETWEEN: SRI. VIJAYAKUMAR S/O. LATE SUNANDA DEVI, AGED ABOUT 65 YEARS, R/AT. 2-114, KANGINA MANE, NOORALBETTU, UDUPI DISTRICT - 574 107. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE LAND TRIBUNAL, KARKALA, REPRESENTED BY ITS CHAIRMAN, KARKALA SUB-DIVISION, KARKALA TALUK, UDUPI DISTRICT - 574 104. 3. THE TAHSILDAR, KARKALA TALUK, UDUPI DISTRICT - 574 104. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010494772026 NC: 2026:KHC:43504 WP No. 22379 of 2026 4. SRI DOOJA PEREIRA, MAJOR, R/AT. NALLUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENTS (BY SRI. B.P. RADHA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 21.09.1979 PASSED BY THE RESPONDENT NO.3 IN TRL NO.1889/1978-79, INSOFAR PETITIONER PROPERTY SY. NO.380/1A (AT PRESENT 380/1P2) MEASURING 0.85 CENTS SITUATED AT NALLUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT, PRODUCED 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 ORAL ORDER Learned AGA accepts notice for respondent Nos.1 to 3. 2. In this Writ Petition, the petitioner is assailing the order dated 21.09.1979 passed by the respondent- - 3 - HC-KAR CNR: KAHC010494772026 NC: 2026:KHC:43504 WP No. 22379 of 2026 Tribunal, insofar as the property bearing No.380/1A (at present 380/1P2) measuring 0.85 cents situated at Nallur Village, Karkala Taluk, Udupi District, claim made by the petitioner as per Annexure-A to the Writ Petition, inter alia sought for direction to the respondent-authorities to restore the revenue records in the name of Smt. Sunanda Devi in respect of the subject matter of land. 3. It is contended by the learned counsel appearing for the petitioner that there is no original document with Respondent No.2-Tribunal as to the order passed at Annexure-A and therefore, sought for interference by this Court. It is also contended by the learned counsel for the petitioner that the RTC extracts stands in the name of petitioner till 2024 and therefore submitted that there is no delay in filing the Writ Petition. 4. Per contra, the learned AGA submitted that there is a delay of 47 years in challenging the impugned - 4 - HC-KAR CNR: KAHC010494772026 NC: 2026:KHC:43504 WP No. 22379 of 2026 order passed by the respondent-authority. Accordingly, sought for dismissal of the petition. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the averments made in the Writ Petition would indicate that the impugned order was passed on 21.09.1979. Undisputedly, there is a delay of 47 years in challenging the order in question. 6. Taking into consideration the averments made in the writ petition, except paragraph No.23, wherein the petitioner has stated that he is not aware about the impugned proceedings, that itself cannot be a ground to interfere with the order which has been passed 47 years ago and in that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in the case of H Guruswamy & Ors., Vs. A Krishnaiah since deceased by LRs1 and in the case of Shivamma 1 2025 SCC ONLINE SC 54 - 5 - HC-KAR CNR: KAHC010494772026 NC: 2026:KHC:43504 WP No. 22379 of 2026 (Dead) by LRs vs. Karnataka Housing Board & Ors.,2 the Writ Petition is dismissed on the ground of delay and latches. SD/- (E.S.INDIRESH) JUDGE SSD List No.: 1 Sl No.: 26 2 2025 SCC ONLINE 1969