Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010323312026 NC: 2026:KHC:45506 WP No. 15932 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15932 OF 2026 (LR) BETWEEN:
1.
VIDYABHUSHANA HANDE S/O LATE H SOORYANARAYANA HANDE, AGED ABOUT 57 YEARS, RESIDING AT NO. 47, SAVI, I MAIN, II CROSS, BTM II STAGE, BENGALURU - 560076. …PETITIONER (BY SRI. ADITYA BHAT, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY OF STATE GOVERNMENT REVENUE DEPARTMENT, DR. AMBEDKAR VEEDI, BENGALURU - 560001.
2.
THE ASSISTANT COMMISSIONER AND CHAIRMAN OF THE LAND TRIBUNAL KUNDAPURA TALUK, UDUPI DISTRICT, KARNATAKA-576201.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010323312026 NC: 2026:KHC:45506 WP No. 15932 of 2026
3. TAHSILDAR SECRETARY OF LAND TRIBUNAL, BRAHMAVARA TALUK, UDUPI DISTRICT, KARNATAKA - 576213.
4.
LATE KRISHNAPPA SHETTY SINCE DEAD REPRESENTED BY LEGAL REPRESENTATIVES
LATE MAHABALA SHETTY SINCE DEAD REPRESENTED BY LEGAL REPRESENTATIVES
SUSHEELA SHEDTHI W/O BHASKARA SHETTY AGED ABOUT 65 YEARS, RESIDING AT BAIKADI MANE, GILIYARU, BRAHMAVARA TALUK, POST KOTA, UDUPI DISTRICT-576221.
5.
SHASHIDHARA SHEDTHI D/O MAHABALA SHETTY AGED ABOUT 61 YEARS, RESIDING AT GILIYARU, BRAHMAVARA TALUK, POST KOTA, UDUPI DISTRICT-576221.
6.
SHRIDHARA SHETTY S/O MAHABALA SHETTY AGED ABOUT 56 YEARS, RESIDING AT GILIYARU, BRAHMAVARA TALUK,
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HC-KAR
CNR: KAHC010323312026 NC: 2026:KHC:45506 WP No. 15932 of 2026
POST KOTA, UDUPI DISTRICT-576221.
7.
SULOCHANA SHEDTHI D/O MAHABALA SHETTY AGED ABOUT 53 YEARS, RESIDING AT GILIYARU, BRAHMAVARA TALUK, POST KOTA, UDUPI DISTRICT-576221.
8.
VASUDEVA HANDE S/O BALARAMA HANDE AGED ABOUT 81 YEARS R/AT KOTATHATTU VILLAGE KOTA BRAHMAVARA TALUK UDUPI DISTRICT -576 221.
9.
CHANDRASHEKAR HANDE S/O BALARAMA HANDE AGED ABOUT 75 YEARS AAIRODY, HANGARAKATTE PO BRAHMAVARA TALUK UDUPI DISTRICT - 576 226. …RESPONDENTS (BY SMT. SHARADA H.V., ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 (LAND TRIBUNAL) TO PRODUCE THE COMPLETE LRY 2/96 1644.80-81 AND ENTIRE
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HC-KAR
CNR: KAHC010323312026 NC: 2026:KHC:45506 WP No. 15932 of 2026
RECORDS OF LRY 2/97/TRI/ 1643.76-77 AS REFERRED INANNEXURE - A; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. The petitioner herein is assailing the order dated 18.08.1991 (Annexure-A) passed by respondent No.2.
2. Smt. Sharada A.V., Learned Additional Government Advocate appearing for respondent Nos.1 to 3, submitted that there is delay of 45 years in filing the Writ Petition and accordingly, sought for dismissal of the Writ Petition.
3. In the light of the submission made by the learned counsel appearing for the parties, though learned counsel appearing for the petitioner referred to the impugned order at Annexure-A and submits that there is infringement of principle of natural justice, however, taking into consideration the averments made in the Writ Petition, I am of the view that, the
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HC-KAR
CNR: KAHC010323312026 NC: 2026:KHC:45506 WP No. 15932 of 2026
reasons assigned in the Writ Petition cannot be accepted to condone the delay of more than 45 years in challenging the impugned order by the petitioner herein. Even if there is an element of fraud as alleged in the Writ Petition, in view of the declaration of law made by the Hon'ble Supreme Court in the case of JT. COLLECTOR RANGA REDDY DISTRICT Vs. D.
NARSING RAO AND OTHERS reported in AIR 2015 SC 1021, the element of fraud has to be established within a reasonable time. In that view of the matter, I do not find any merit in this Writ Petition as there is no sufficient cause shown to condone the delay of 45 years in filing the Writ Petition.
4. Accordingly, the Writ Petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
SAC List No.: 1 Sl No.: 9