Sri Kadriyappa vs The Deputy Commissioner
2023 Latest Caselaw 1370 Kant

                                             -1-
                                                         WA No. 196 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 16TH DAY OF FEBRUARY, 2023

                                          PRESENT
                   THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
                                            AND
                         THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
                           WRIT APPEAL NO. 196 OF 2022 (SC-ST)
                   BETWEEN:

                        SRI KADRIYAPPA
                        S/O. LATE MUNIYAPPA
                        SINCE DEAD BY HIS LR'S

                   1(a) SMT. MUNIYAMMA
                        W/O. LATE. KADEERAPPA
                        AGED ABOUT 55 YEARS

                   1(b) SMT. CHIKKAMUNIYAMMA
                        W/O. LATE. KADEERAPPA,
                        AGED ABOUT 53 YEARS

                   1(c) SRI CHANDRAKUMAR
                        S/O. LATE KADEERAPPA,
Digitally signed        AGED ABOUT 27 YEARS
by K P SWETHA
Location: HIGH
COURT OF           1(d) SMT. MUNILAKSHMAMMA
KARNATAKA
                        D/O. LATE. KADEERAPPA,
                        AGED ABOUT 23 YEARS

                        ALL R/AT SURADENAPURA VILLAGE,
                        HESSARAGATTA HOBLI,
                        BANGALORE NORTH (ADDL) TALUK,
                        BANGALORE.

                        REPRESENTED BY THEIR GPA HOLDER,
                        SRI BETTAIAH,
                        S/O. BETTE GOWDA,
                        AGE ABOUT 71 YEARS,
                               -2-
                                    WA No. 196 of 2022




       R/AT NO. 29 AND 30,
       7TH "A" CROSS,
       23RD MAIN ROAD,
       JP NAGAR, 2ND PHASE,
       BANGALORE-560078
                                         ...APPELLANTS
(BY SRI B RAVINDRANATH, ADVOCATE)

AND:

1.   THE DEPUTY COMMISSIONER
     BANGALORE DISTRICT
     BANGALORE 560 001

2.   THE ASSISTANT COMMISSIONER
     BANGALORE NORTH SUB DIVISION
     BANGALORE 560 001

3.   SRI DEVADAS
     S/O LATE VISHWANATH DAS KESHAVAN
     AGE MAJOR
     R/O NO. 202,
     BHARGAVA DHAMA APARTMENTS,
     ANANDANAGARA MAIN ROAD,
     ANANDANAGARA
     BANGALORE-560024

4.   SHRI MUNIYAPPA
     S/O LATE MUNIMARAPPA
     AGED MAJOR

5.   SHRI HANUMAPPA
     FATHER'S NAME NOT KNOWN
     AGED MAJOR

6.   SMT GANGAMMA
     W/O LATE THIPPAIAH
     AGED MAJOR

7.   SMT VENKATALAKSHMAMMA
     W/O LATE RAJANNA
     AGED MAJOR
                          -3-
                                      WA No. 196 of 2022




8.   SHRI MUNIKRISHNAPPA
     S/O LATE CHIKKADASAPPA

     RESPONDENTS No.4 TO 8
     ARE R/AT SURADENAPURA VILLAGE,
     HESARAGHATTA HOBLI-560 073
     BANGALORE NORTH (ADDL) TALUK

9.   SHRI T S BYLAPPA
     S/O LATE SIDDARAMAIAH
     AGED MAJOR R/AT CHOKKANAHALLI VILLAGE,
     BANGALORE NORTH TALUK
     BANGALORE 560 073

10. SHRI C K KARIYAPPA
    S/O KUSHALAPPA
    AGE MAJOR
    R/O GONIKOPPA DAKSHINA KODAGU
    KODAGU DISTRICT 571 236

11. SHRI K SITHARAM
    FATHER'S NAME NOT KNOWN
    AGE MAJOR
    NO 47/1 5TH MAIN ROAD
    CHAMARAJPET
    BANGALORE 560 018
                                        ...RESPONDENTS
(BY MS.PRIYA KALE, ADVOCATE FOR
SRI P.K.SHRIKARA BY DUA ASSTS, ADVOCATE FOR C/R3
SRI S.RAJASHEKAR, AGA FOR R1 & 2)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT
APPEAL; SET ASIDE THE ORDER PASSED BY THE LEARNED
SINGLE JUDGE DATED 31/01/2020 IN WRIT PETITION
NO.44537/2013 (SC-ST) PASSED BY THIS HON'BLE COURT
AND ETC.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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                                                   WA No. 196 of 2022




                                JUDGMENT

By the impugned order, the learned Single Judge

dismissed the writ petition on the ground that there is an

inordinate delay of 26 years in filing the application for

restoration of land by the appellants/petitioners.

2. In similar circumstances, this Court, vide order

dated 27.01.2023 passed in W.A.No.189/2022 to which, the

appellants and the respondents were parties, dismissed the

said appeal by upholding the order passed by the learned

Single Judge. Therefore, we see no reason to take a different

view in the present appeal.

3. Accordingly, the appeal is dismissed.

4. In view of dismissal of the appeal, pending

interlocutory application does not survive for consideration and

the same is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE KPS