N Venkatesh vs The Assistant Commissioner
2024 Latest Caselaw 19467 Kant

Karnataka High Court

N Venkatesh vs The Assistant Commissioner on 2 August, 2024

                                                  -1-
                                                          NC: 2024:KHC:30654-DB
                                                           WA No. 1557 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 2ND DAY OF AUGUST, 2024

                                               PRESENT

                              THE HON'BLE MR JUSTICE V KAMESWAR RAO

                                                  AND

                                THE HON'BLE MR JUSTICE RAJESH RAI K

                              WRIT APPEAL NO. 1557 OF 2023 (KLR-RES)

                      BETWEEN:

                            N. VENKATESH,
                            S/O VENKATAIAH,
                            AGED ABOUT 72 YEARS,
                            OCC: AGRICULTURIST,
                            R/AT NO.G-8351, 4TH CROSS,
                            GUTTALU COLONY, MANDYA,
                            MANDYA DIST - 571 401.
                                                                   ...APPELLANT
                      (BY SRI. M.B CHANDRACHOODA, ADVOCATE)

Digitally signed by
                      AND:
MAYAGAIAH
VINUTHA
                      1.    THE ASSISTANT COMMISSIONER,
Location: HIGH
COURT OF                    MANDYA SUB-DIVISION,
KARNATAKA
                            MANDYA - 571 401.

                      2.    THE TAHASILDAR,
                            SRIRANGAPATNA TALUK,
                            MANDYA DISTRICT - 571 401.
                                                                ...RESPONDENTS
                      (BY SRI. V.SHIVAREDDY, AGA FOR R1 & R2)

                           THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
                      HIGH COURT ACT PRAYING TO SET ASIDE ORDER DATED
                      30/10/2023 PASSED IN WP NO.22524/2023 AND ETC.
                                -2-
                                          NC: 2024:KHC:30654-DB
                                           WA No. 1557 of 2023




    THIS WRIT APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

CORAM:      HON'BLE MR JUSTICE V KAMESWAR RAO
            and
            HON'BLE MR JUSTICE RAJESH RAI K

                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

The challenge in this appeal is to an order dated

30.10.2023 passed by the learned Single Judge in

W.P.No.22524/2023, whereby the learned Single Judge has

dismissed the petition by stating as under:

"2. Having taken note of the submissions made by the learned counsel for the parties and taking into account that the order impugned is passed in the year 2015 and the Writ Petition is filed in the year 2023, I am of the view, that the explanation offered by the petitioner in the Writ Petition cannot be accepted for condoning the inordinate delay and laches for a period of eight years.

3. Accordingly, I am of the opinion that the Writ Petition cannot be accepted and is liable to be dismissed on the ground of delay and laches.

4. Accordingly, the Writ Petition is dismissed."

2. Learned counsel for the appellant has drawn our

attention to page No.2 of the writ appeal, wherein the following

has been stated:

NC: 2024:KHC:30654-DB

"The appellant had purchased the land bering Sy.No.847/2, measuring 0.02.08 guntas, situated at Mandya village, Kasaba Holbi, Mandya Tq. & Dist, under the sale deed dated 17/11/2011. The Tahasidlar, without holding any enquiry has reported to the same to the Asst. Commissioner to initiate action against the appellant U/S 79A and 79B of the KLR Act, 1961. The Asst. Commissioner without service of notice, without providing an opportunity of hearing, passed the impugned order dated 04/08/2015 and the same was not communicated, the appellant having came to know about the impugned order on 17/08/2023, applied for certified copy, obtained the same on 17/08/2023, the writ petition was filed on 04/09/2023 and the same was dismissed on 30/10/2023 on the ground of delay. Hence, the writ appeal."

3. From the above, it is seen the stand of the

appellant in this appeal is, he came to know about the

impugned order dated 04.08.2015 on 17.08.2023 only, and

filed writ petition immediately thereafter. He concedes to the

fact that the appellant has not averred in the writ petition that

the appellant came to know about the impugned order dated

04.08.2015 only on 17.08.2023. If that be so, appropriate

shall be for the appellant to file a review petition before the

learned Single Judge taking the stand in the manner taken by

him in the present appeal. If such a review petition is filed, the

learned Single Judge is requested to consider the review

NC: 2024:KHC:30654-DB

petition by condoning the delay for the reason that the

appellant was pursuing this appeal which was filed within time.

The review petition shall be filed within four weeks' from today.

The appeal is disposed of.

Till the review petition is decided by the learned Single

Judge, the interim protection granted in favour of the appellant

on 12.03.2024 wherein this Court had directed the parties to

maintain status quo shall continue.

In view of disposal of the appeal, I.A.No.1/2023 does not

survive for consideration and the same is disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

HKV