Sri D K Balakrishna vs The State Of Karnataka By Its Secretary
2024 Latest Caselaw 27122 Kant

Karnataka High Court

Sri D K Balakrishna vs The State Of Karnataka By Its Secretary on 12 November, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                          WA No. 1247 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 12TH DAY OF NOVEMBER, 2024
                                           PRESENT
                              THE HON'BLE MR JUSTICE S.G.PANDIT
                                              AND
                        THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR


                              WRIT APPEAL NO. 1247 OF 2023 (LR)

                   BETWEEN:

                         SRI D K BALAKRISHNA
                         S/O KEMPEGOWDA,
                         AGED ABOUT 50 YEARS,
                         R/AT DODDAGOLLAHALLI VILLAGE,
                         HEBBURU HOBLI - 572 120
                         TUMAKURU TALUK
                         TUMAKURU DISTRICT.
                                                                  ...APPELLANT

                   (BY SRI. T GOVINDA RAJA.,ADVOCATE)

                   AND:
Digitally signed
by                 1.    THE STATE OF KARNATAKA
MARIGANGAIAH
PREMAKUMARI              BY ITS SECRETARY
Location: HIGH           DEPARTMENT OF REVENUE AND INAMS
COURT OF                 VIDHANA SOUDHA,
KARNATAKA
                         BENGALURU - 560 001.

                   2.    THE SPECIAL DEPUTY COMMISSIONER,
                         OF INAMS, M.S.BUILDING
                         K.R.CIRCLE, BENGALURU - 560 001

                   3.    THE SPECIAL TAHASILDAR,
                         FOR ABOLITION OF INAMS,
                         TUMAKURU TALUK,
                         TUMAKURU - 572 101
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                                     WA No. 1247 of 2023




4.   SRI. VENKATAPPA
     S/O LATE NARASAIAH ALIAS KURLAIAH,
     AGED ABOUT 61 YEARS,
     R./AT J GARAGADAKUPPE MAJRE,
     SEEGEPALYA,
     HEBBUR HOBLI - 572 120
     TUMAKURU TALUK
     TUMAKURU DISTRICT.

5.   SMT.NAGARATHNAMMA
     W/O DODDAIAH,
     AGED ABOUT 63 YEARS,
     R/AT H.NO.20,
     NAZARABAD,
     TUMAKURU - 572 101.

6.   SMT. T.A. SUKANYA,
     W/O D.K. BALAKRISHNA,
     AGED ABOUT 43 YEARS,
     R/AT DODDAGOLLAHALLI VILLAGE
     HEBBURU HOBLI - 572 120
     TUMAKURU TALUK,
     TUMAKURU DISTRICT.

7.   SRI. SRIDHARA,
     S/O THOPAIAH,
     AGED ABOUT 50 YEARS,
     R/AT SARANGI VILLAGE
     GULURU HOBLI - 572 118
     TUMAKURU TALUK
     TUMAKURU DISTRICT.
                                          ...RESPONDENTS

(BY SMT.B.SUKANYAB BALIGA., ADVOCATE FOR R-1 TO R-3)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
IN   THE   WRIT  PETITION    NO.15619/2023(LR)  DATED
24.08.2023 ON THE FILE OF THE HON'BLE HIGH COURT OF
KARNATAKA AT BENGALURU.
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                                          WA No. 1247 of 2023




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

CORAM:    HON'BLE MR JUSTICE S.G.PANDIT
          and
          HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

                    ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

This writ appeal filed under Section 4 of the

Karnataka High Court Act, 1961 is directed against the

order dated 24.08.2023 in W.P.No.15619/2023 whereby

the petitioner's challenge the order passed by Special

Deputy Commissioner in Case No.32/59-60 dated

29.10.1960 is rejected solely on the ground of delay and

laches.

2. Heard the learned counsel Sri.T.Govinda Raja

for appellant and learned Additional Government Advocate

Smt.B.Sukanya Baliga for respondent Nos.1 to 3. Perused

the writ appeal papers.

3. Learned counsel for the appellant submits that

appellant/petitioner is the owner of land in Sy.Nos.15/2

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and 15/3 to an extent of 28 guntas each of

J.Garagadakuppe Village, Tumkur Taluk and he has

become owner by virtue of occupancy rights granted under

the Mysore Inams Abolition Act, 1955 (for short, '1955

Act'). Under Annexure-B, order dated 29.10.1960, re-

grant was made in favour of father of the respondent

No.3. Said order was under challenge before the learned

Single Judge in a writ petition filed in the year 2023.

4. Learned counsel for the appellant has

canvassed several grounds on merits, but he is not able to

satisfy the Court with regard to delay and laches on the

part of the appellant, which is about more than 60 years.

Annexure-B, order is passed in the year 1960 and the

present writ petition is filed before this Court in the year

2023. There is nearly 63 years delay in approaching the

Court.

5. Article 226 of the Constitution of India would

not assist the persons who sleep over their right. Article

226 of the Constitution of India would come to aid to the

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persons who are diligent in prosecuting their cause.

Learned Single Judge has rightly held that the explanation

offered for delay cannot be accepted and proceedings

which have attained the finality 63 years ago, cannot be

re-opened and stale claims ought to be rested and that is

the objective of the principles of latches and limitation.

6. Thus, we are also of the opinion that there is no

merit in the writ appeal and accordingly, writ appeal

stands rejected.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(RAMACHANDRA D. HUDDAR) JUDGE

NC CT:RS