- 1 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23213 OF 2026 (LR) BETWEEN: 1. SRI. POORNA BHADRA ADIGA, S/O LATE RAVAL SUBRAMANYA ADIGA @ SHASTRI, AGED ABOUT 77 YEARS, RESIDENT OF KAILKERE, JAPTHI VILLAGE, AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576211 REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI. SATHISHCHANDRA KALAVARKAR. …PETITIONER (BY SRI. C. ANANTHA KUMAR, ADVOCATE) AND: 1. THE SPECIAL LAND TRIBUNAL, KUNDAPURA SUB-DIVISION, KUNDAPURA, TALUK, UDUPI DISTRICT. 2. THE TAHASILDHAR, KUNDAPURA SUB-DIVISION, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 KUNDAPURA TALUK, UDUPI DISTRICT. 3. SMT. SAROJINI SALIYANS W/O LATE ABNEJAR KARKADA, AGED ABOUT 90 YEARS. 4. GEORGE KARKADA, S/O LATE ABNEJAR KARKADA, AGED ABOUT 75 YEARS. 5. MRS. BENET KARKADA, D/O LATE ABNEJAR KARKADA, AGED ABOUT 73 YEARS. 6. CHANDRINA KARKADA D/O LATE ABNEJAR KARKADA, AGED ABOUT 71 YEARS. 7. MRS. PRABHAVATHI ANCHAN, D/O LATE ABNEJAR KARKADA, AGED ABOUT 70 YEARS. 8. SMT. PRAMILA LEELAVATHI, D/O LATE ABNEJAR KARKADA, AGED ABOUT 69 YEARS. 9. MR. GODWIN KARKADA, S/O LATE ABNEJAR KARKADA, AGED ABOUT 67 YEARS. 10. SMT. SIRIL KARKADA, W/O LATE SUNDAR KARKADA, AGED ABOUT 70 YEARS. - 3 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 11. SHANTHA D/O LATE SUNDAR KARKADA AGED ABOUT 46 YEARS. 12. SRI. KUMARA S/O LATE SUNDAR KARKADA AGED ABOUT 45 YEARS. 13. SRI. JAYANANDA KARKADA S/O LATE SUNDAR KARKADA AGED ABOUT 43 YEARS. 14. SRI. PRAKASH KARKADA S/O LATE SUNDAR KARKADA AGED ABOUT 40 YEARS. 15. SRI. ARUNA KARKADA S/O LATE SUNDAR KARKADA AGED ABOUT 39 YEARS. 16. SMT. VIJAYA KARKADA W/O LATE YARIK KARKADA AGED ABOUT 63 YEARS. 17. SMT. MARTHA KARKADA D/O LATE YARIK KARKADA AGED ABOUT 40 YEARS. 18. SMT. HEMALATHA KARKADA W/O LATE LIVI KARKADA AGED ABOUT 41 YEARS. - 4 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 19. SRI. KARKADA S/O LATE LIVI KARKADA AGED ABOUT 68 YEARS. 20. SMT. SELINA KARKADA D/O LATE LIVI KARKADA AGED ABOUT 51 YEARS. 21. SRI. MONOHARA KARKADA S/O LATE LIVI KARKADA AGED ABOUT 47 YEARS. RESPONDENTS NO.3 TO 21 ARE RESIDING AT OTTINENE, BASRURU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT, UDUPI -576211. 22. SRI. B. JAGANTHA SHETTY, S/O B.MUTTAIAH HEGDE, MAJOR IN AGE RESIDING AT BASRURU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT, UDUPI - 576211. …RESPONDENTS (BY SMT. SHARADA H.V., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN TRI 6696/1978-79, DATED 11.01.1979 AT ANNEXURE-C AND CONSEQUENTLY THE OCCUPANCY CERTIFICATE ISSUED BY - 5 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 THE SECOND RESPONDENT DATED 31.07.1982 AT ANNEXURE - D. 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 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioner is assailing the order dated 11.01.1979 passed by respondent No.1 in case No.TRI 6696/1978-79 (Annexure-C). 3. Sri. C. Anantha Kumar, learned counsel appearing for the petitioner, made submissions in terms of the averments made in the Writ Petition. 4. Smt. Sharada H.V., Learned Additional Government Advocate appearing for respondent Nos.1 and 2, submitted that the Writ Petition has been filed after 47 years and therefore, sought for dismissal of the Writ Petition on the ground of delay and laches. - 6 - HC-KAR CNR: KAHC010511532026 NC: 2026:KHC:40350 WP No. 23213 of 2026 5. Having heard the learned counsel appearing for the parties and after considering the material on record, I am of the view that, the explanation offered in the Writ Petition to condone the delay of more than 47 years in filing the Writ Petition, cannot be accepted and accordingly, following the declaration of law made by the Hon'ble Supreme Court in the case of H. Guruswamy and Others Vs. A. Krishnaiah, since deceased by LRs, reported in 2025 SCC OnLine SC 54, the Writ Petition is dismissed on the ground of delay and laches. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 30