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2026 DAILYLAW 40018 (KAR)

DR CELINE RODRIGUES v. THE STATE OF KARNATAKA

WP/16326/2022 · 2026-09-09

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010367742022 NC: 2026:KHC:49044 WP No. 16326 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16326 OF 2022 (LR) BETWEEN: 1. 1) DR CELINE RODRIGUES W/O LATE DR T F RODRIGUES AGED ABOUT 80 YEARS, R/AT 4-28C LAKE VIEW N H 66 TAVAREKERE AMBALPADY POST, KIDIYOR UDUPI -576103 SINCE DECEASED BY HER L.RS. MRS.ROSHINI ANITA GOMES AGED ABOUT 47 YEARS D/O LATE THOMAS FRANCIS RODRIGUES & LATE Dr.CELINE RODRIGUES PERMANENT ADDRESS: S MARY AVE, SUNNYVALE CA 94087, USA CURRENTLY RESIDING AT VIEW HOUSE NO.2/28C, NH 66 TAVAREKERE, KIDIYOOR UDUPI-576101. REPRESENTED BY ITS GPA HOLDER MRS.SAVITHA STELLA RODRIGUES AGED ABOUT 42 YEARS W/O JOHN BRIJESH DOMINIC RODRIGUES R/A NO.14, PARADISE, BETHEL LAYOUT Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010367742022 NC: 2026:KHC:49044 WP No. 16326 of 2022 HORAMAVU AGARA, NEAR BANJARA LAYOUT BANGALORE-560043. 2) SNEHA ELIZABETH D SOUZA W/O MAXWILL MARIO D SOUZA R/AT NO.38, 4TH E CROSS, VIJAYA WINDS C V RAMAN NAGAR, CHIKKA BANASWADI BANGALORE NORTH KALYAN NAGAR BANGALORE-560 043. 3) JOHN BRIJESH DOMINIC RODRIGUES S/O THOMAS FRANCIS RODRIGUES R/A NO.14, PARADISE, BETHEL LAYOUT HORAMAVU AGARA, NEAR BANJARA LAYOUT BANGALORE-560 043. 4) SANDESH ANTONY RODRIGUES S/O THOMAS FRANCIS RODRIGUES R/AT NO.2-28C LAKE VIEW NH 66, KAPPETTU, AMBALAPADI, UDUPI, KARNATAKA-5761013. (AMENDED V/C/O DATED 29.10.2025) …PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY CHIEF SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU -560001. 2. SPECIAL TAHSILDHAR LAND REFORMS, UDUPI TALUK UDUPI DISTRICT-576101. - 3 - HC-KAR CNR: KAHC010367742022 NC: 2026:KHC:49044 WP No. 16326 of 2022 3. N NARAYANA SHARMA S/O ANNAYYA ACHARYA R/A KAPPETTUSI, KIDIYOOR, UDUPI DISTRICT-576103. 4. SIDHU SHETTY S/O ANTHAYYA SHETTY R/A KIDIYOOR UDUPI DISTRICT-576103. …RESPONDENTS (BY SMT.SHARADA H. V, AGA FOR R1 & R2, NOTICE TO R3 & R4 HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.27.1.1978 PASSED BY THE R-2 VIDE NO.L.R.Y-71-296-TRI-3483-77-78 PASSED VIDE ANNEXURE-A THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioners are assailing the order dated 27.01.1978 (Annexure-A) passed by the Land Tribunal. 2. Having taken note of the submissions made by the learned counsel appearing for the parties that the writ petition has been filed challenging the order dated - 4 - HC-KAR CNR: KAHC010367742022 NC: 2026:KHC:49044 WP No. 16326 of 2022 27.01.1978 after a lapse of forty-four years, I am of the view that, the reasons assigned by the petitioners cannot be accepted as sufficient cause to condone the delay of more than four decades. 3. In that view of the matter, following the declaration of law by the Hon'ble Supreme Court in the case of H. Guruswamy & Ors. v. A. Krishnaiah, since deceased, by L.Rs., reported in 2025 SCC OnLine SC 54, and Shivamma (Dead) by L.Rs. v. Karnataka Housing Board & Ors., reported in 2025 SCC OnLine SC 1969, I am of the view that no sufficient explanation has been made in the writ petition to condone the delay of more than four decades in challenging the impugned proceedings. Accordingly, the writ petition is dismissed on the ground of delay in laches. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 52