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2026 DAILYLAW 37094 (KAR)

BABU SHETTY v. THE STATE OF KARNATAKA

WP/14561/2026 · 2026-08-25

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010316502026 NC: 2026:KHC:45903 WP No. 14561 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14561 OF 2026 (LR) BETWEEN: 1. BABU SHETTY SINCE DECEASED HIS WIFE SMT. USHA B. SHETTY W/O LATE BABU N SHETTY AGED ABOUT 73 YEARS R/AT 3-53, MARAVOORBEEDU HOUSE KENJAR POST, MARAVOOR, KENJAR MANGALORE, DAKSHINA KANNADA DISTRICT KARNATAKA-574144. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDINGS, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMPETENT AUTHORITY MANGALORE TALUK REPRESENTED BY D.R. DISTRICT COLLECTOR'S HEAD QUARTERS ASSISTANT-575 001. 3. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALORE TALUK - 575001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010316502026 NC: 2026:KHC:45903 WP No. 14561 of 2026 4. BOSTHYAM KUNZHI AGED MAJOR THENKAYEKKARU, PERMUDE MANGALORE TALUK - 574 509. 5. PEJAVARA MUTT REPRESENTED BY ITS PRESIDENT TEMPLE CAR STREET, SRI KRISHNA TEMPLE COMPLEX, UDUPI, KARNATAKA 576101. 6. HONAMMA SHEDTHI AGED MAJOR KANDIGA HOSMANE, HALEYANGADI MANGALORE TALUK DAKSHINA KANNADA - 574 146. …RESPONDENTS (BY SMT. SHARADA .H.V , AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES NO. 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER OF THE LAND TRIBUNAL, MANGALORE, IN L.R.T. NO. 751/2000-01 DATED 11-02-2002 VIDE 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 Additional Government Advocate accepts notice for the respondent Nos.1 to 3. - 3 - HC-KAR CNR: KAHC010316502026 NC: 2026:KHC:45903 WP No. 14561 of 2026 2. In this writ petition, the petitioner is assailing the order dated 11.02.2002 (Annexure-A), inter-alia, sought for direction to respondent No.2 to consider the application made by the deceased husband of the petitioner (Annexure-B), in accordance with law. 3. Having heard the learned counsel appearing for the parties and on careful consideration of the impugned orders as well as Form No.7, it is noticed that the petitioner is assailing the order dated 11.02.2002 (Annexure-A) after a lapse of 24 years. Accordingly, the writ petition deserves to be dismissed on the ground of delay and laches, as no satisfactory or substantial reason has been assigned in the writ petition to explain or condone the inordinate delay of more than two decades, particularly, in view of the judgments of the Hon'ble Supreme Court in the case of STATE OF ORISSA & ANOTHER Vs. MAMATA MOHANTY1 and MRINMOY MAITY 1 AIR 2011 SCW 1332 - 4 - HC-KAR CNR: KAHC010316502026 NC: 2026:KHC:45903 WP No. 14561 of 2026 VS. CHHANDA KOLEY2, in the case of SHIVAMMA (DEAD) BY LRS VS. KARNATAKA HOUSING BOARD AND ORS3. 4. It is also to be noted that the impugned order at Annexure-A has been passed at the instance of the husband of the petitioner. In that view of the matter, I am of the view that no interference is called for in this writ petition. Accordingly, the writ petition is dismissed on the ground of delay and laches. Sd/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 28 2 2024 SCC OnLine SC 551 3 2025 SCC Online SC 1969