Karnataka High Court
Narasimha S/O Havalirao Desai vs The Deputy Commissioner on 2 July, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:8958-DB
WA No.100322 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO.100322 OF 2023 (LR-)
BETWEEN:
NARASIMHA S/O HAVALIRAO DESAI,
SINCE DECEASED AS HAS NOT MARRIED AND
HIS LR'S HIS 3 BROTHERS WHO ARE THE
SONS OF HAVALIRAO DESAI
AS RESPONDENTS, NO. 4
(II) DHIRENDRA (III) KUSHAL (IV) PRALLAHAD.
DHIRENDRA S/O HAVALIRAO DESAI
SINCE DECEASED BY HIS LR'S
1. SRI. LAXMIBAI NARASIMHACHAR PUROHIT
D/O DHIRENDRA S/O. HAVALIRAO DESAI,
AGE: 70 YEAR, OCC: NIL,
R/O. C/O M.N. PUROHIT, #33, SRINIKETAN, OPP.
RAILWAY LAYOUT, MYSORE-16.
2. VASANTH S/O DHIRENDRARAO DESAI,
KM
AGE: 65 YEARS, OCC: AGRICULTURE,
SOMASHEKAR
R/O. NEAR RAGHAVENDRA MAT MALAMADDI,
DHARWAD-580007.
Digitally signed by K M
SOMASHEKAR
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
3. ANAND S/O DHIRENDRARAO DESAI,
AGE: 64 YEARS, OCC: RETD.,
R/O. LIC HOUSE NO. #173, 11TH CROSS,
NAVANAGAR, TQ. HUBBALLI,
DIST: DHARWAD-580025.
VAMAN @ VAMAN RAO
S/O DHIRENDRARAO DESAI
SINCE DECEASED HIS LR'S
4. SMT. VANISHREE W/O VAMANRAO DESAI
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O SECTOR, NO.2 NAVANAGAR,
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NC: 2024:KHC-D:8958-DB
WA No.100322 of 2023
TQ. DIST: BAGALAKOTE-587101.
KUSHAL @ KUSHAL RAO S/O HAVALIRAO DESAI,
SINCE DECEASED HIS LR'S
5. MOHAN S/O KUSHAL RAO DESAI
AGE: 62 YEARS, OCC: PRIVET SERVICE,
R/O. 1ST CROSS, HEGGERI COLONY NEAR INDIPUMP,
OLD HUBBALLI, DIST: DHARWAD.
PRALLAHAD @ PRLLAHAD RAO S/O HAVALIRAO DESAI,
SINCE DECEASED BY HIS LR'S
6. KRISHNA S/O PRALLAHAD RAO DESAI,
AGE: 65 YEARS, OCC: RETD.,
R/O: GANGA NAGAR OPP. APMC.,
HANAGAL, TQ: HANAGAL, DIST: HAVERI-581104.
7. SMT. MALATHI W/O MADHAVARAO HALAGERI,
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O. SRINIVASNAGAR,
3RD CROSS, DAVANAGERI-577003.
8. RADHA W/O KRISHNAMURTY KULKARNI,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. CHIKKERUR, TQ: HIREKERUR,
DIST: HAVERI-581109.
9. LAXMI W/O SUDINDRA JOSHI,
AGE: 57 YEARS, OCC: HOUSEHOLD,
R/O. HOSAYALLAPUR MAIN ROAD,
DHARAWAD-580001.
10. PRERANA W/O PRABHAKAR KARAGUDDI,
AGE: 48 YEAR, OCC: HOUSEHOLD,
R/O NEAR DATTA MANADIR
OLD BUS STAND, HANGAL-581104.
...APPELLANTS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. DEPUTY COMMISSIONER,
D.C OFFICE COMPOND,
DIST: HAVERI-581110.
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NC: 2024:KHC-D:8958-DB
WA No.100322 of 2023
2. THE LAND TRIBUNAL,
BY ITS SECRETARY,
TQ AND DIST: HAVERI-581110.
3. NAGAPPA S/O DURAGAPPA PUJAR
SINCE DECEASED HIS LRS,
DURAGAPPA S/O NAGAPPA PUJAR,
AGE: 57 YEARS, OCC: NIL,
R/O. CHIKKALINGADALLI,
TQ & DIST: HAVERI-581110.
4. MALLAPPA S/O DURAGAPPA PUJAR
AGE: 57 YEARS, OCC: RETD.,
R/O. CHIKKALINGADALLI,
TQ & DIST: HAVERI-581110.
5. MAILARAPPA S/O HANAMAPPA MULAGUNDA
AGE: MAJOR, OCC:AGRICULTURE,
R/O. CHIKKALINGADALLI,
TQ & DIST: HAVERI-581110.
6. GUDDAPPA S/O HANAMAPPA MULAGUNDA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. CHIKKALINGADALLI,
TQ & DIST: HAVERI-581110.
...RESPONDENTS
(BY SRI. MADANMOHAN M. KHANNUR, AGA FOR R1 & R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE, DATED 16/03/2023 PASSED IN
W.P.NO.101650/2023 AND ALLOW THIS WRIT APPEAL IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, S G PANDIT J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:8958-DB
WA No.100322 of 2023
JUDGMENT
This intra-Court appeal filed under Section 4 of the
Karnataka High Court Act, 1961, is directed against learned
Single Judge's order dated 16.03.2023 passed in WP
No.101650/2023 dismissing the petitioners' challenge to Land
Tribunal's order dated 3.2.1977 only on the ground of delay of
46 years.
2. Heard the learned counsel Sri. Prasada Patil for the
appellants, learned AGA Sri. Madanmohan M Khannur for
respondents/State and perused writ appeal papers.
3. Learned counsel for the appellants/petitioners
would submit that the petitioners as on the date of Land
Tribunal's order dated 3.2.1977 were minors and their father
could not approach this Court at that point of time.
4. Admittedly, the petitioners are before this Court
challenging the Land Tribunal's order dated 3.2.1977 after
more than 46 years. When age of the petitioners are looked
into, contention of the petitioners that they were minors as on
the date of Land Tribunal's order cannot be believed. As on the
date of Land Tribunal's order, the petitioners were major.
NC: 2024:KHC-D:8958-DB
Settled position cannot be unsettled after more than 46 years.
We do not find any error in the order passed by the learned
Single Judge. There is no merit in writ appeal. Accordingly,
writ appeal stands dismissed.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
CT:VP
