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2026 DAILYLAW 42425 (KAR)

MR CHANDRAPPA D R v. THE ASSISTANT COMMISSIONER

WP/27227/2026 · 2026-09-21

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010600032026 NC: 2026:KHC:51790 WP No. 27227 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27227 OF 2026 (SC/ST) BETWEEN: MR CHANDRAPPA D R SON OF LATE. RAMANNA D. R., AGED ABOUT 56 YEARS, RESIDING AT. DONNEKORANAHALLI VILLAGE, YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALUR - 577 140. …PETITIONER (BY SRI. VISHWAS N., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER TARIKERE, CHIKKAMAGALUR - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 560 009. 3. THE THASILDAR KADUR, CHIKKAMAGALUR - 560 001. 4. MR. SANNA ERA BHOVI, @ ERA BHOVI, SON OF MR. ERA BHOVI, AGED MAJOR, RESIDING AT DONNEKORANAHALLI VILLAGE, YAGATI HOBLI, KADUR TALUK, CHIKKAMAGALUR - 577 140. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010600032026 NC: 2026:KHC:51790 WP No. 27227 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.Vishwas N., counsel for the petitioner and Sri.Yogesh D.Naik, Additional Government Advocate for respondent Nos.1 to 3 appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a Writ of Certiorari or any other writ of the same nature and quash Impugned Order I dated 07.07.2009 passed by Respondent No.1 in proceedings bearing SC.ST.4(a)/2007-08 under Sections 4(1) and 5 of the PTCL Act (Annexure - A); (ii) Issue a Writ of Certiorari or any other writ of the same nature and quash Impugned Order II dated 26.04.2011 passed by Respondent No.2 in proceedings bearing No. PTCL 6/2010-11 under Section 5A of the PTCL Act (Annexure - B); and - 3 - HC-KAR CNR: KAHC010600032026 NC: 2026:KHC:51790 WP No. 27227 of 2026 (iii) Issue a Writ of Certiorari or any other writ of the same nature and quash Impugned Order - III dated 05.06.2026 passed by Respondent No.1 in RA No. 263/2025 under Sections 49 and 136 of the KLR Act (Annexure - C). (iv) Pass any order including the cost of this petition, in the interest of justice and equity. 3. Counsel for the petitioner in presenting his arguments submits that notwithstanding the order passed by the Deputy Commissioner in 2011, the petitioner continues to remain in possession of the property. He submits that the mutation came to be changed only in 2025. Hence, there is no delay or laches in presenting the writ petition. Urging additional grounds, he submits that the orders may be quashed and the petition may be allowed. Additional Government Advocate submits that there is an inordinate delay and laches in filing the writ petition. Hence, the writ petition may be dismissed at the threshold. 4. The arguments are heard. - 4 - HC-KAR CNR: KAHC010600032026 NC: 2026:KHC:51790 WP No. 27227 of 2026 5. Suffice it to note that the Deputy Commissioner passed the order in 2011. However, the writ is filed in 2026. Mere in possession will not excuse the delay of almost 15 years in the presenting the writ petition. Hence, the writ petition is liable to be dismissed on the grounds of delay and laches. Accordingly, it is dismissed. As this Court has dismissed the petition on the grounds of delay and laches, nothing is discussed on the merits of the case. The Court has dismissed the petition at the threshold, hence, there is no need to issue notice to respondent No.4. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 2