Karnataka High Court
Shri Surappa S/O Dhanappa Ghadi Since ... vs The State Of Karnataka on 6 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2023:KHC-D:14261-DB
WA No. 100645 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100645 OF 2023 (LR-)
BETWEEN:
1. SHRI SURAPPA S/O DHANAPPA GHADI
SINCE DEAD BY HIS LRS.
SHRI RAJARAM S/O SURAPPA GHADI
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. HONKAL, TQ. KHANAPUR,
DIST. BELAGAVI 591120.
2. SMT. SUMITRA W/O JYOTIBA GHADI
AGE. 44 YEARS, OCC. HOUSE HOLD
AND AGRICULTURE, R/O. HONKAL,
TQ. KHANAPUR, DIST. BELAGAVI 591120.
3. SHRI YALLAPPA S/O DHANAPPA GHADI
AGE. 42 YEARS, OCC. AGRICULTURE,
SHIVAKUMAR
HIREMATH R/O. HONKAL, TQ. KHANAPUR,
Digitally signed by
DIST. BELAGAVI 591120.
SHIVAKUMAR
HIREMATH ...APPELLANTS
Date: 2023.12.11
16:29:13 +0530 (BY SRI. B M PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT R/BY
ITS SECRETARY, VIDHAN SOUDHA,
BENGALURU 560001
2. THE LAND TRIBUNAL KHANAPUR
R/BY ITS CHAIRMAN, TQ. KHANAPUR,
-2-
NC: 2023:KHC-D:14261-DB
WA No. 100645 of 2023
DIST. BELAGAVI 591302.
3. THE THASILDAR KHANAPUR
TQ. KHANAPUR, DIST. BELGAVI.
PIN CODE 591302
4. SHRI. JIVAJI S/O GAJANAN DESHPANDE
AGE. MAJOR, R/O. KOCHERI BUILDING,
ANGOL MAL, BELAGAVI,
TQ. AND DIST. BELAGAVI 590006
...RESPONDENTS
(BY SMT. GIRIJA HIREMATH, HCGP FOR R1 TO R3)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE
THE JUDGMENT AND ORDER DATED 13-07-2023 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P.NO.104199/2023 (LR) AND
QUASHED IMPUGNED ORDER PASSED BY 2ND RESPONDENT LAND
TRIBUNAL KHANAPUR IN KLR.OCP.SR.580/74 KHANAPUR DATED 18-
09-1975 AT VIDE ANNEXURE-F.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
S.SUNIL DUTT YADAV, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed calling in question the correctness
of the order passed by the learned Single Judge in
W.P.No.104199/2023 disposed of on 13.07.2023.
2. Learned Single Judge has dismissed the petition
on the ground of delay and laches while noticing that the
order impugned was the order dated 18.07.1975 of the
Land Tribunal. The Tribunal by its order at Annexure-F
NC: 2023:KHC-D:14261-DB
had reserved liberty to the petitioner's father Surappa
Dhanppa Gadi to approach the competent authority for
disposal of his case while observing that it is a Inam land
and it cannot be decided by the Tribunal under Section
141 of the Karnataka Land Reforms Act, 1961.
3. Learned Single Judge has noticed that the order
that was challenged was of the year 1975 and that the
father of the petitioner had died on 09.09.1989 and during
his lifetime, Surappa had not chosen to challenge the
impugned order and also found that the averments made
in the writ petition do not offer any satisfactory
explanation for the inordinate delay of 48 years in filing of
the writ petition.
4. Perused the order at Annexure-F which is
passed on 18.09.1975.
5. Admittedly, the order was passed on the
application of Surappa Dhanappa Gadi. From the facts
NC: 2023:KHC-D:14261-DB
made out, the said Surappa died on 09.09.1989 which fact
is not undisputed.
6. Perused the paragraph 6 of the writ petition.
The averments made do not offer any explanation as to
when the legal representatives of the deceased Surapa
discovered regarding the order of the Tribunal at
Annexure-F. It is to be noticed that delay and laches in
challenging the order of the year 1975 by 48 years cannot
be overlooked without any substantive ground made out.
Matters which have settled by lapse of time cannot be
rejuvenated by condoning the delay of 48 years.
Accordingly, the writ appeal is dismissed and the order of
the learned Single Judge is confirmed.
Sd/-
JUDGE
Sd/-
JUDGE
NAA
