- 1 - HC-KAR CNR: KAHC010133652022 NC: 2026:KHC:53230 WP No. 6308 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6308 OF 2022 (LR) BETWEEN: 1. CHURCH OF SOUTH INDIA TRUST ASSOCIATION (R) REP BY ITS BISHOP RT. REV. MOHAN MANORAJ AGED 66 YEARS BISHOP IN CHURCH SOUTH INDIA SOUTHERN DIOCESE DIOCESE OFFICE BALMATTA, MANGALURU 575002 REPRESENTED BY P A HOLDER MR.VINCENT PALANNA. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING BANGALORE - 560001 REP.BY SECRETARY. 2. THE LAND TRIBUNAL MANGALORE TALUK MANGALURU, D K REP.BY ITS CHIARMAN. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010133652022 NC: 2026:KHC:53230 WP No. 6308 of 2022 3. MR.UBAIDULLA 59 YEARS S/O LATE POKARE BEARY ADKARE PADPU KONAJIE VILALGE AND POST MANGALORE TQ., D K - 574199. 4. MR.K U ABDUL RAZAK MAJOR, S/O LATE UMARABBA ADKAREPADAV HOUSE KONAJE VILLAGE AND POST MANGALORE TQ., D K - 574199. …RESPONDENTS (BY SMT.SHARADA H V, AGA, FOR R1 AND R2 SRI DEEPAK WAGLE, ADVOCATE FOR R3, R4 -SD. BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 19.08.1981 PASSED BY THE 8TH LAND TRIBUNAL, MANGALORE, IN LRT NO.4092/1977-78 IN SO FAR AS THE GRANT OF OCCUPANCY RIGHT IN RESPECT OF SY.NO.14/3B MEASURING 0.13 ACRE OF LAND SITUATED IN KONAJE VILLAGE OF MANGALORE TALUK, D.K. VIDE ANNX-A. 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 ORAL ORDER In this writ petition, petitioner is assailing the order dated 19.08.1981 passed in LRT No.4092/1977-78 by the respondent No.2 (Annexure-A). - 3 - HC-KAR CNR: KAHC010133652022 NC: 2026:KHC:53230 WP No. 6308 of 2022 2. In this regard, learned counsel appearing for the respondent No.3 and the learned Additional Government Advocate appearing for the respondent - State submitted that, there is no acceptable reasons as to challenge the impugned order passed by the Land Tribunal after a period of forty one years. 3. In this regard, I have carefully considered the averments made in the petition, and taking into consideration the fact that, the impugned order has been challenged by the petitioner after a period of forty one years. Therefore, no acceptable reasons have been stated as to condone the delay of forty one years in filing the writ petition. 4. I am of the view that, following the judgment of the Hon'ble Supreme Court in the case of Mrinmoy Maity vs Chhanda Koley and Others reported in (2024) 15 - 4 - HC-KAR CNR: KAHC010133652022 NC: 2026:KHC:53230 WP No. 6308 of 2022 SCC 215, the writ petition requires to be dismissed on the ground of delay and laches The writ petition is dismissed on the ground of delay and laches. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 39