- 1 - HC-KAR NC: 2026:KHC:1577-DB WA No. 759 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 759 OF 2025 (KLR-RES) BETWEEN: 1. SMT SANNAMMA WIFE OF GANGADHARAIAH AGED ABOUT 52 YEARS RESIDING AT TARIKERE VILLAGE KASABA HOBLI KUNIGAL TALUK TUMKRU DISTRICT PINCODE- 572130 …APPELLANT (BY SRI. PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU PINCODE 560001 2. THE DEPUTY COMMISSIONER TUMKURU DISTRICT, TUMKUR PINCODE- 572101 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1577-DB WA No. 759 of 2025 3. THE LAND GRANT COMMITTEE KUNIGAL TALUK, KUNIGAL REPRESENTED BY ITS SECRETARY PINCODE -572130 4. THE TAHASILDAR KUNIGAL TALUK TUMKURU DISTRICT PINCODE 572130 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.11.2022 IN WP No-20625/2022 (KLR-RES) PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THE APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:1577-DB WA No. 759 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 08.11.2022 passed by the learned Single Judge in W.P.No.20625/2022. 2. The appellant/petitioner had filed the aforesaid writ petition for the following prayers: "a. Issue a writ of mandamus directing the 4th respondent Tahsildar to place Form No.57, filed by the Petitioner for regularization of her unauthorized cultivation of land bearing Survey No.78, measuring 2 acres situated at Tarikere Village, Kasaba Hobli, Kunigal Taluk, as per Annexure-A. b. To issue a writ of mandamus directing the 4th respondent Tahsildar to submit the report along with Annexure-E to G to the Deputy Commissioner, Tumkur Division, Tumkur in furtherance of Annexure-D." 3. The writ petition came to be dismissed on the ground that the petitioner is aware of the order dated 14.11.2018 passed by the Deputy Commissioner earmarking the land for the graveyard purpose. 4. The petitioner filed an application in Form-57 of the Karnataka Land Revenue Rules, 1966. The learned Single Judge, holding that the petitioner could not assert a right that - 4 - HC-KAR NC: 2026:KHC:1577-DB WA No. 759 of 2025 supersedes the right of the public and that the petitioner does not have a legal or fundamental right to get the allotment in her favour, dismissed the writ petition by observing as follows: "5. Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission of learned AGA which is consistent with the Division Bench decision cited supra. It is also in consonance with the policy of State as promulgated under Rule 108(i) of the Karnataka Land Revenue Rules, 1966. 6. The vehement submission of learned counsel for the petitioner that the Tahsildar had visited the spot in question and there is some more land in respect of which his clients claim can be considered, is bit difficult in countenance. Courts in matters of this kind have held that the grant of public property to the private ownership is of serious nature since it results into depletion of State assets and therefore unless the claim is clearly covered by the Policy as enacted in law, the claims cannot be favored." 5. This appeal has been filed with an inordinate delay and laches of 888 days. The affidavit filed in support of the application seeking condonation of delay stating the reason for filing the application with such delay is neither sufficient nor - 5 - HC-KAR NC: 2026:KHC:1577-DB WA No. 759 of 2025 convincing. We, therefore, dismiss the appeal on the ground of delay and laches as well as on the merits. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 1 Sl No.: 11