- 1 - HC-KAR CNR: KAHC010669222025 NC: 2026:KHC:50677 WP NO.31255 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31255 OF 2025 (KLR-RES) BETWEEN: 1. SRI. NARASAPPA S/O LATE NARASIMHAIAH, AGED ABOUT 65 YEARS, ACHENAHALLI VILLAGE, KASABA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132. 2. KEMPANNA S/O LATE RANGAPPA, AGED ABOUT 49 YEARS, ACHENAHALLI VILLAGE, MADHUGIRI TALUKU, TUMAKURU DISTRICT - 572 132. 3. SRI. MUKUNDAPPA S/O SANNACHANNAPPA, AGED ABOUT 89 YEARS, KAMBADAHALLI VILLAGE, MADHUGIRI TALUKU, TUMAKURU DISTRICT - 572 132. …PETITIONERS (BY SRI. MALLAIAH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU – 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010669222025 NC: 2026:KHC:50677 WP NO.31255 OF 2025 2. THE DEPUTY COMMISSIONER TUMKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER MADHUGIRI DIVISION, MADHUGIRI - 572 132. 4. THE THAHASHILDAR, MADHUGIRI TALUK, TUMKURU DISTRICT - 572 132. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO TAKE NECESSARY ACTION IN GRANTING THE LAND AS PER THE DIRECTION OF THE KARNATAKA APPELLATE TRIBUNAL DATED 19TH SEPTEMBER, 1988 VIDE ANNEXURE-D, AND TO RESTORE THE SAID LAND TO THE PETITIONERS AS EARLY AS POSSIBLE IN THE INTEREST OF JUSTICE AND EQUITY; 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 Sri. Aditya Diwakara, learned Additional Government Advocate accepts notice for respondents. 2. In this petition, the petitioners are seeking direction to the respondents to take necessary action for granting the land to the petitioners in terms of order dated 19th September, - 3 - HC-KAR CNR: KAHC010669222025 NC: 2026:KHC:50677 WP NO.31255 OF 2025 1988 (Annexure-D) passed by the Karnataka Appellate Tribunal, Bengaluru. 3. Heard Sri. Mallaiah M.R., learned counsel appearing for petitioners and Sri. Aditaya Diwakara, learned Additional Government Advocate appearing for respondents. 4. Sri. Aditya Diwakara, learned Additional Government Advocate appearing for respondents raised preliminary objections that the petitioners have approached this Court after an in ordinate delay of more than thirty seven years to consider the claim of the petitioners in terms of order dated 19th September, 1988 (Annexure-D) passed by the Karnataka Appellate Tribunal, Bengaluru. 5. In the light of submission made by learned Additional Government Advocate appearing for respondents, on perusal of the averments made in the writ petition, I am of the considered opinion that the claim of the petitioners cannot be accepted at this stage, as the petitioners have approached this Court after an inordinate delay of more than three decades so also, have not shown sufficient cause to condone the delay in - 4 - HC-KAR CNR: KAHC010669222025 NC: 2026:KHC:50677 WP NO.31255 OF 2025 approaching this Court. Therefore, following the judgment of 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, writ petition deserves to be dismissed since, the petitioners have not shown acceptable ground as to condone the inordinate delay. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 18