H Somashekar vs The State Of Karnataka
2023 Latest Caselaw 2058 Kant

                                       -1-
                                                WA No. 1245 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 28TH DAY OF MARCH, 2023

                                    PRESENT

              THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                       AND

                       THE HON'BLE MR JUSTICE M.G.S. KAMAL

                        WRIT APPEAL NO. 1245 OF 2022 (LR)

             BETWEEN:

                   H. SOMASHEKAR
                   (AGRICULTURIST)
                   S/O HONNAPPA
                   AGED ABOUT 63 YEARS
                   R/AT NO.1000, 3RD CROSS
                   I BLOCK, RAMAKRISHNA NAGAR
                   MYSURU CITY-570 022.


Digitally                                               ...APPELLANT
signed by    (BY SRI. CHANDRASHEKAR H B., ADVOCATE)
SUMA B N
Location:    AND:
High Court
of Karnataka
             1.    THE STATE OF KARNATAKA
                   BY ITS SECRETARY TO GOVERNMENT
                   DEPARTMENT OF REVENUE
                   M.S. BUILDING
                   DR. AMBEDKAR VEEDHI
                   BENGALURU-560 001.
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                                       WA No. 1245 of 2022




2.   THE ASSISTANT COMMISSIONER
     PANDAVAPURA SUB DIVISION
     PANDAVAPURA
     MANDYA DISTRICT-571 434.

3.   THE TAHSILDAR
     SRIRANGAPATNA TALUK
     MANDYA DISTRICT-571401.

                                            ...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA)



      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO i) SET-ASIDE THE

ORDER DATED 13.04.2022 IN W.P.No.11634/2021 PASSED BY

THE LEARNED SINGLE JUDGE PRODUCED AT ANNEXURE-A AND

CONSEQUENTLY ALLOW THE WRIT PETITION.


      THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,

THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:


                       JUDGMENT

I.A.No.1/2022 is filed under Section 5 of the Indian

Limitation Act for condonation of delay.

WA No. 1245 of 2022

For the reasons stated in the supporting affidavit,

delay of 199 days caused in filing the appeal is condoned.

I.A.No.1/2022 is allowed.

Appeal is taken up for hearing.

2. Perusal of the order passed by the learned

Single Judge reflects the lethargic approach of the

petitioner. The petitioner approached this Court

challenging the order passed in the year 2012 by filing writ

petition in the year 2022. There was absolutely no

justifiable reasons coming forth before the learned Single

Judge to explain the inordinate delay caused in filing the

petition in this Court.

3. Learned counsel for the appellant made an

attempt to submit that the authorities of the State

Government failed in their duty by only making bald

allegation against the respondent authorities. There is

absolutely no material to show why the petitioner waited

for such a long period. Interestingly enough in paragraph

WA No. 1245 of 2022

2 of the order passed by the learned Single Judge it is

stated that the petitioner has participated in the

proceedings initially and then remained absent. It can

only be said that the law will help to those who are vigilant

and diligent and certainly not to them who are sleeping for

years together. We may refer to the Judgment of the

Apex Court in the case of Chennai Metropolitan Water

Supply and Sewerage Board and others Vs T.T.Murali

Babu reported in (2014)4 SCC 108.

Considering these aspects, appeal being devoid of

merits deserves to be dismissed. Same is accordingly

dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

SBN