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2026 DAILYLAW 45364 (KAR)

THE ASSISTANT COMMISSIONER v. SHRI KIRSHNI CHANTHARU

WA/52/2025 · 2026-01-08

Umesh M Adiga

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1001-DB WA No. 52 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT APPEAL NO. 52 OF 2025 (SC-ST) BETWEEN: 1. THE ASSISTANT COMMISSIONER, KUNDAPURA - 575 270. 2. THE DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI - 575 123. …APPELLANTS (BY SMT. NAMITHA MAHESH, AGA) AND: 1. SHRI KIRSHNI CHANTHARU, S/O THIMMA VATSALYA SOURABHA, KOTESHWARA VILLAGE, KUNDAPURA TALUK. 2. MANJI, W/O GOVINDA, JANANAI GANGANA KERE, GOPADI VILLAGE, KOTESHWARA, KUNDAPURA TALUK. 3. MUTTA, S/O MALINGA, GOPADI TALUK, KUNDAPURA TALUK - 575 270. …RESPONDENTS Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1001-DB WA No. 52 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23.12.2021, PASSED IN W.P.No.14288/2013 (SC-ST) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WP. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The State has filed the present appeal impugning the order dated 23.12.2021 passed by the learned Single Judge of this Court in W.P.No.14288/2013 (SC-ST). 2. The present appeal has been filed after an inordinate delay of 1016 days. The appellant has also filed an application- I.A.No.1/2025 seeking condonation of the said delay. The only ground set out in the said application is that the delay of nearly three years in filing the present appeal was caused "on account of unavoidable correspondence between the officer of the government." - 3 - HC-KAR NC: 2026:KHC:1001-DB WA No. 52 of 2025 3. It is further stated in the affidavit accompanying the said application, that after disposal of the matter, legal opinion was sought and after obtaining the legal opinion to file the writ appeal, government order was sought for filing the present writ appeal. 4. We are unable to accept that the appellant has set out any sufficient cause, which prevented it from filing the appeal within the prescribed period. 5. The application is accordingly dismissed. Consequently, the appeal is dismissed. 6. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (UMESH M ADIGA) JUDGE BK:List No.: 1 Sl No.: 10