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2026 DAILYLAW 43441 (KAR)

SMT.ASHA M v. THE DEPUTY COMMISSIONER

WP/25223/2026 · 2026-09-23

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010550652026 NC: 2026:KHC:52474 WP No. 25223 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25223 OF 2026 (KLR-LG) BETWEEN: 1. SMT.ASHA M D/O. LATE SRI. MUNIYAPPA, AGED ABOUT 48 YEARS, R/O KENCHENAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 064. 2. SMT. NETHRAVATHI, D/O. LATE SRI. MUNIYAPPA, AGED ABOUT 45 YEARS, R/O KENCHENAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 064. 3. SRI. BHARATH, S/O. LATE SRI. MUNIYAPPA, AGED ABOUT 34 YEARS, R/O KENCHENAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 064. …PETITIONERS (BY SRI. VEERAYYA HIREMATH.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010550652026 NC: 2026:KHC:52474 WP No. 25223 of 2026 AND: 1. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, K.G. ROAD, BENGALURU - 560 009. 2. THE TAHSILDAR, BENGALURU NORTH TALUK, YELAHANKA HOBLI, BENGALURU - 560 064. 3. THE KARNATAKA SLUM CLEARANCE BOARD, NO.55, ABHAYA COMPLEX, RISLADAR STREET, SHESHADRIPURAM, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER. 4. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU - 560 001. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1, R2 AND R4; SRI. D. BOREGOWDA.,ADVOCATE FOR C/R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.04.2026 PASSED BY THE HONBLE KARNATAKA APPELLATE TRIBUNAL IN REVENUE APPEAL NO.1142/2016 AS PER ANNEXURE M AND CONSEQUENTIAL ORDER DATED 04.01.2012 ISSUED BY RESPONDENT NO.1 IN LND (NA) CR 44/03-04 AS PER ANNEXURE H BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AS THE CASE MAY BE AND ETC. - 3 - HC-KAR CNR: KAHC010550652026 NC: 2026:KHC:52474 WP No. 25223 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for respondent Nos.1, 2 & 4. 2. Sri. D.Boregowda, learned counsel appeared for the respondent No.3/caveator. 3. In this petition, petitioners are assailing the Order dated 30.04.2026, passed by the Karnataka Appellate Tribunal in Revenue Appeal No.1142/2016 (Annexure-M), and consequential Order dated 04.01.2012 (Annexure-H) passed by the respondent No.1. 4. Having heard the learned counsel appearing for the parties, the petitioners are claiming right over the property as an un-authorized occupant of the land in question and their applications came to be rejected by the Special Deputy Commissioner of Bangalore by Order dated 23.05.2011 and the petitioners herein have not challenged the said order before the - 4 - HC-KAR CNR: KAHC010550652026 NC: 2026:KHC:52474 WP No. 25223 of 2026 competent authorities. Thereafter, the petitioners have assailed the rejection of order dated 04.01.2012 at Annexure-H before the Karnataka Appellate Tribunal. 5. The Karnataka Appellate Tribunal by order dated 30.04.2026 (Annexure-M) dismissed the appeal preferred by the petitioners on the ground of delay and laches. However, perusal of the impugned order at Annexure-M would indicate that, the original order dated 23.05.2011 passed by the Spl. District Commissioner, wherein the rejection of the claim made by the petitioners for regularization of the un-authorized cultivation of the land have not been challenged till date and same has reached finally. 6. In that view of the matter, as the petitioners herein have not challenged the original order of the rejection dated 23.05.2011 and the respondent No.1 has passed the consequential order dated 04.01.2012 at the later stage wherein the land has been granted in favour of the respondent No.3-Slum Clearance Board. - 5 - HC-KAR CNR: KAHC010550652026 NC: 2026:KHC:52474 WP No. 25223 of 2026 7. In that view of the matter, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE RU List No.: 1 Sl No.: 9