- 1 - HC-KAR CNR: KAHC010602772026 NC: 2026:KHC:48468 WP No. 27879 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27879 OF 2026 (LR) BETWEEN: 1. SRI. H. RUDRAPPA S/O LATE HANUMANNA GULLERA AGED ABOUT 71 YEARS, OCC AGRICULTURE, R/AT GINIVALA, ANAVATTI HOBLI, SORABA TALUK-577 429, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. PATIL JAGADEESH GOUD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPORTMENT, M. S. BUILDING, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER AND CHAIRMA LAND TRIBUNAL, SAGARA SUB-DIVISION, MOKKAM AT SORABA-577 429, SHIVAMOGGA DISTRICT. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010602772026 NC: 2026:KHC:48468 WP No. 27879 of 2026 …RESPONDENTS (BY SMT. SHARADA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO RE-CONSIDER THE CASE OF THE PETITIONER AS PER THE ORDER DATED 29.07.1986 AT PASSED BY THIS HON’BLE COURT AT ANNEXURE –A. 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 The learned Additional Government Advocate accepts notice for the respondents. 2. In this writ petition, the petitioner is seeking a direction to respondent No.2 to reconsider the case of the petitioner in terms of the order dated 29.07.1986 at Annexure-A passed by respondent No.2. - 3 - HC-KAR CNR: KAHC010602772026 NC: 2026:KHC:48468 WP No. 27879 of 2026 3. Heard learned counsel appearing for the parties. 4. The learned Additional Government Advocate submits that the petitioner has approached this Court after a lapse of nearly 40 years and, therefore, seeks dismissal of the writ petition on the ground of delay and laches. 5. Having heard the learned counsel appearing for the parties and upon perusal of the records, it is noticed that this Court, in W.P. No.20981 of 1983, by order dated 29.07.1986 at Annexure-A, had directed the parties to appear before the Appellate Authority, Shimoga on 30.10.1986. In this regard, the perusal of the order sheet of the Land Tribunal at Annexure-B indicates that the matter has been posted for arguments. - 4 - HC-KAR CNR: KAHC010602772026 NC: 2026:KHC:48468 WP No. 27879 of 2026 6. In the facts and circumstances of the case, particularly having regard to the fact that the petitioner has not approached the competent authority for more than 40 years, this Court is of the opinion that the petitioner has failed to show sufficient cause for condoning such an inordinate delay. 7. The issue of delay and laches in approaching the Court has been considered by the Hon'ble Supreme Court in the case of Shivamma (D) by LRs. v. Karnataka Housing Board and Others, reported in 2025 SCC OnLine SC 1969, and in the case of H. Guruswamy and Others v. A. Krishnaiah (since deceased) by LRs., reported in 2025 SCC OnLine SC 54. 8. In view of the declaration of law laid down by the Hon'ble Supreme Court with regard to delay and laches, this Court is of the considered opinion that - 5 - HC-KAR CNR: KAHC010602772026 NC: 2026:KHC:48468 WP No. 27879 of 2026 the present writ petition is liable to be dismissed on the ground of inordinate and unexplained delay. Accordingly, the writ petition stands dismissed on the ground of delay and laches. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 37