- 1 - HC-KAR NC: 2026:KHC-D:356-DB WA No. 100638 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100638 OF 2025 (ULC) BETWEEN: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO DEPT. OF REVENUE, M. S. BILDING, BENGALURU 3 560 001. 2. THE DEPUTY COMMISSIONER, BELAGAVI D. C. COMPOUND, BELAGAVI 3 590 001. 3. THE ASSISTANT COMMISSIONER, SUB DIVISION, BELAGAVI 3 590 001. 4. TASHILDAR BELAGAVI, DIST: BELAGAVI 3 590 001. & APPELLANTS (BY SRI. SHARAD V. MAGADUM, AGA) AND: YALLAPPA S/O. KALLAPPA MUCHANDIKAR, AGE: 84 YEARS, OCC: RETIRED. R/O: 11TH CROSS, SADASHIV NAGAR, BELAGAVI 3 590 001. & RESPONDENT (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. B.M.PATIL, ADVOCATE) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2026:KHC-D:356-DB WA No. 100638 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.61621/2009 (ULC) DATED 04.09.2019 AND FURTHER DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT APPEAL, ALONG WITH I.A.NO.2 OF 2025 COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) This appeal is filed by the State against the order dated 04.09.2019 passed in W.P. No.61621/2009. 2. The matter pertains to the State taking over the land of the respondent herein under the provisions of the Urban Land (Ceiling and Regulation) Act (for short, 8the ULC Act9), 1976. 3. Admittedly, though an order was passed under the ULC Act, possession of the property was not taken by the State through a competent officer. Further, the respondent has produced documents to show that he - 3 - HC-KAR NC: 2026:KHC-D:356-DB WA No. 100638 of 2025 continued to be in possession of the property even after the formal take over of the possession of the property and the State Government also has acknowledged the same in its revenue documents. 4. On the ground that, at the first instance, the possession was not taken by a competent authority and also on the ground that presently, the petitioner is in possession of the property, the writ petition came to be allowed. Further, it is also noticed by the learned Single Judge that, no third party has been created in respect of the property as on today. We do not see any error in the impugned order. 5. Further, there is an inordinate delay of 2155 days in filing the appeal by the state Government which is not satisfactorily explained. The State has failed to make out any ground for condonation of delay as contemplated in law. - 4 - HC-KAR NC: 2026:KHC-D:356-DB WA No. 100638 of 2025 6. For the aforementioned reasons, I.A. No.2/2025 filed for condonation of delay in filing the appeal is hereby rejected and, consequently, the writ appeal stands dismissed. Pending interlocutory applications, if any, stand disposed of as not surviving for consideration. Sd/- (M.I.ARUN) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE KMS / CT-ASC List No.: 1 Sl No.: 23