Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010629902026 NC: 2026:KHC:50153 WP No. 28780 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 28780 OF 2026 (SC/ST) BETWEEN:
DEVDAS, S/O. JAMES, AGED ABOUT 54 YEARS, AGRICULTURIST, R/O. DODDAGOPPENAHALLI, KASABA-II HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577302. …PETITIONER (BY SRI. GURUPRASAD HEGDE, ADVOCATE SRI. S.V.PRAKASH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201.
3.
THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA-577201.
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010629902026 NC: 2026:KHC:50153 WP No. 28780 of 2026
4.
SAVITRI BAI W/O. DHARMA NAIKA, MAJOR, R/O. DODDAGOPPENAHALLI, KASABA -II HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577302.
5.
SAVITRI BAI, D/O. PEENYA NAIKA, MAJOR,
6.
PAPPI BAI, SINCE DECEASED BY HER LEGAL HEIRS
CHANDYA NAIKA @ CHANDRA NAIKA, S/O. RAMA NAIKA MAJOR,
7.
LALITHA BAI, D/O. CHANDYA NAIKA @ CHANDRA NAIKA, MAJOR,
8.
ESHWAR NAIKA, S/O. CHANDYA NAIKA @ CHANDRA NAIKA, MAJOR,
9 BHAGYA BAI, D/O. CHANDYA NAIKA @ CHANDRA NAIKA, MAJOR,
RESPONDENTS NOS. 5 TO 9 ARE R/O. HEBBANDI VILLAGE, KASABA-II HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577229. …RESPONDENTS
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HC-KAR
CNR: KAHC010629902026 NC: 2026:KHC:50153 WP No. 28780 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri. Guruprasad Hegde, counsel on behalf of Sri. S. V. Prakash, for the petitioner appeared in person.
2. This petition is filed seeking the following reliefs: (i) Issue a writ in the nature of certiorari and quash the order dated 07.10.2015 passed by the second respondent in proceedings No.SCST 11/2013-14 produced as Annexure-B to the writ petition confirming the
order dated 13.03.2012 passed by the third respondent in No.PTCL.CR.20/1996-97 produced as Annexure-A to the writ petition. (ii) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it
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HC-KAR
CNR: KAHC010629902026 NC: 2026:KHC:50153 WP No. 28780 of 2026
appropriate in the admitted
facts and circumstances of the case to secure the ends of justice; (iii) Award the cost of this proceeding.
3. In presenting the petitioner's argument, counsel drew the Court's attention to paragraph No. 8 of the petition to contend that there is no laches on the part of the petitioner in approaching this Court. He argued that the petitioner's brother was in charge and was managing the affairs. Hence, the question of delay does not arise. It is also contended that the mutation was affected in 2023. Hence, there is no laches on the part of the petitioner in filing the petition in 2026.
4. A review of the records shows that the Deputy Commissioner issued the order in 2015, and the writ petition was filed only in 2026, indicating a delay of nearly 10 years. The argument that the petitioner's brother was in charge and managing affairs, and that the mutation was
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HC-KAR
CNR: KAHC010629902026 NC: 2026:KHC:50153 WP No. 28780 of 2026
made in 2023, does not justify the delay and laches. Consequently, this Court concludes that the petition should be rejected due to the delay and laches. Since the petition is dismissed due to delay and laches, there is no need to address the case's merits.
5. Accordingly, the writ petition is dismissed. Because of dismissal of the Writ Petition, interim
order granted if any stands discharged and pending interlocutory applications if any are disposed of.
Sd/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 5