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2026 DAILYLAW 43860 (KAR)

SMT. RATHNA S HEGDE v. SRI RAMAPPA BELCHADA

WP/6426/2020 · 2026-09-23

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010116262020 NC: 2026:KHC:52483 WP No. 6426 of 2020 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. 6426 OF 2020 (LR) BETWEEN: SMT. RATHNA S HEGDE D/O NAGAMMA SHETTY W/O SRI LATE K.B. SHANKAR HEGDE AGED ABOUT 79 YEARS R/AT RASHMI, SHAKTHINAGAR ROAD, KULASHEKAR, MANGALORE D.K - 575 005. …PETITIONER (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. SRI RAMAPPA BELCHADA 2. SRI SEETHARAMA BELCHANDA 3. SMT. KUSUMA 4. SRI UMANATHA 5. SMT. KAMALA 6. SRI. DEVADASA 7. SMT. LALITHA 8. SMT. SEETHAMMA 9. SRI. PADMANABHA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010116262020 NC: 2026:KHC:52483 WP No. 6426 of 2020 10. SMT. MEERA RESPONDENTS 1 TO 10 ARE ALL MAJORS CHILDREN OF LATE BABU BELCHADA ALL ARE R/AT PADALTHOTA HOUSE PADAL THOTA HOUSE, PERMANKI, ULLAIBETTU VILLAGE MANGALORE TALUK, D.K - 575 005. 11. MANGALORE TALUK 11TH LAND TRIBUNAL REPRESENTED BY ITS SECRETARY. 12. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTEMENT, M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENTS (BY SRI. SHARADHA, AGA FOR R11 AND R12; SMT. LAKSHMI DEVIK., ADVOCATE FOR SRI. PRASANNA V.R., ADVOCATE FOR R1 TO R9; R10 - SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO CASE NO.LRT.3036/79-80, 2058/77-78, 3016/79-80, 2085/78-79 AND 2147/77-78 FROM THE FILE OF THE MANGALORE TALUK 11th LAND TRIBUNAL AND ON PERUSAL OF IT AND ETC. 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 - 3 - HC-KAR CNR: KAHC010116262020 NC: 2026:KHC:52483 WP No. 6426 of 2020 ORAL ORDER In this petition, petitioner is assailing the order dated 03.09.1981 (Annexure-C) passed by the Land Tribunal, Mangalore Taluk in respect of the subject land is concerned. 2. Smt. Lakshmi Devik, learned counsel appearing on behalf of Sri. Prasanna V.R, learned counsel for the respondent Nos.1 to 9 and Learned AGA appearing for respondent Nos. 11 and 12 submitted that there are no proper averments in the writ petition as to condone the delay of nearly 4 decades in filing the writ petition. She further submitted that the petitioner herein has approached the Assistant Commissioner for change of entry in the revenue records which came to be dismissed and therefore the petitioner was well aware about the proceedings before the Land Tribunal and therefore sought for dismissal of the writ petition. 3. However, Sri. Keshava Bhat A, learned counsel appearing for the petitioner sought to set aside the impugned order and stated that the petitioner had acquired the property in question based on the partition deed and therefore sought for interference of this Court. - 4 - HC-KAR CNR: KAHC010116262020 NC: 2026:KHC:52483 WP No. 6426 of 2020 4. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the same would indicate that the petitioner herein is challenging the Order dated 03.09.1981 (Annexure-C) passed by the Land Tribunal, Mangaluru, after period of 39 years. In this regard, on careful consideration of the averments made in the writ petition would not satisfy the Court as the "sufficient cause" has been shown to condone the delay of nearly 4 decades in challenging the impugned order. 5. In that view of the matter, following the declaration of law made by the Hon'ble Supreme Court in MRINMOY MAITY VS. CHHANDA KOLEY AND OTHERS reported in (2024) 15 SCC 215, no sufficient cause has been shown to condone the delay of nearly 39 years in challenging the writ petition. Accordingly, writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE RU, List No.: 1 Sl No.: 15