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2026 DAILYLAW 36884 (KAR)

H M PRAKASH @ SIDDARAJU v. THE DISTRICT COMMISSIONER

WP/17672/2025 · 2026-08-19

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010372202025 NC: 2026:KHC:44527 WP NO.17672 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.17672 OF 2025 (KLR-RES) BETWEEN: H.M. PRAKASH @ SIDDARAJU S/O LATE MADEGOWDA, AGED ABOUT 52 YEARS, R/AT HAGADDUR VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. …PETITIONER (BY SRI. DINAKAR M.P., ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. 2. THE TAHSILDAR MALAVALLI TALUK, MANDYA DISTRICT - 571 401. 3. MAHADEVAMMA W/O RAMEGOWDA, AGED ABOUT 65 YEARS, KALLALLI VILLAGE AT POST, KASABA HOLBI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 571 401. 4. SHILPA H.C. D/O LATE SAROJAMMA, W/O MAHADEVU, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010372202025 NC: 2026:KHC:44527 WP NO.17672 OF 2025 AGED ABOUT 38 YEARS, R/AT HEGGADA VILLAGE, HEGGADA HOBLI AT POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. 5. H.C. SHIVARAJU S/O LATE SAROJAMMA, AGED ABOUT 25 YEARS, R/AT HEGGADA VILLAGE, HEGGADA HOBLI AT POST, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. 6. THE UPA TAHASILDAR NADAKACHERI, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. SPOORTHY HEGGE N., HCGP FOR R1, R2 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE ORDER DATED 21ST NOVEMBER, 2001 PASSED BY THE RESPONDENT NO.1 IN CASE NO.RP.67/1998 VIDE ANNEXURE-D; DIRECT THE RESPONDENTS 1 AND 2 TO RESTORE THE KHATHA OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER AND DIRECT THE RESPONDENTS TO DESIST FROM INTERFERING WITH THE PEACEFUL POSSESSION OF THE SCHEDULE PROPERTY; 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 - 3 - HC-KAR CNR: KAHC010372202025 NC: 2026:KHC:44527 WP NO.17672 OF 2025 ORAL ORDER Sri. Spoorthy Hegde N., learned High Court Government Pleader accepts notice for respondents 1, 2 and 6. 2. In this petition, the petitioner is challenging the order dated 21st November, 2001 (Annexure-D) passed by the respondent No.1 in Case No.RP.67/1998; inter alia sought for a direction to the respondents 1 and 2 to restore the Khata of the schedule property in favour of the petitioner and to direct the respondents to desist from interfering with the peaceful possession of the petitioner in respect of the schedule property. 3. Heard Sri. Dinakar M.P., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1, 2 and 6. 4. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, it is forthcoming that the petitioner is challenging the order passed by the respondent No.1, after an inordinate delay of more than twenty four years - 4 - HC-KAR CNR: KAHC010372202025 NC: 2026:KHC:44527 WP NO.17672 OF 2025 without showing the sufficient cause to condone the delay. Therefore, following the law declared by Hon'ble Supreme Court in the case of SHIVAMMA (DEAD) BY LRS vs. KARNATAKA HOUSING BOARD AND OTHERS reported in 2025 SCC OnLine SC 1969 and in the case of H. GURUSWAMY AND OTHERS vs. KRISHNAIAH SINCE DECEASED BY LRS reported in 2025 SCC OnLine SC 54, the present writ petition deserves to be dismissed, since, the petitioner has not shown acceptable ground as to condone the inordinate delay of more than twenty four years in challenging the impugned order. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 11