Karnataka High Court
The State Of Karnataka vs K S Lingappa on 5 August, 2025
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NC: 2025:KHC:30285-DB
WA No. 38 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 38 OF 2025 (SC-ST)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO REVENUE DEPARTMENT
MULTISTORIED BUILDING
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
HAMILTION CIRCLE
DAKSHINA KANNADA DISTRICT
Digitally MANGALURU - 575 001.
signed by
SUMATHY
KANNAN 3. THE ASSISTANT COMMISSIONER
Location:
High Court of PUTTUR SUB DIVISION,
Karnataka
OFFICE OF THE DISTRICT
GOVERNMENT OFFICE
PUTTUR - 574 201.
4. THE TAHSILDAR
SULLIA TALUK
SULLIA - 574 203
...APPELLANTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
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WA No. 38 of 2025
HC-KAR
AND:
1. K.S. LINGAPPA
S/O. SITARAMA
AGED ABOUT 52 YEARS
KUNDALPADI PARAJE DODDERI
AJJAWARA VILLAGE
SULIYA TALUK
DAKSHINA KANNADA DISTRICT.
2. RAMA
S/O LATE MALLA
MAJOR
ADKARU, JALSOR VILLAGE
SULLIA TALUK
DAKSHINA KANNADA DISTRICT - 574 203.
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER
DATED 28/07/2023 PASSED IN WRIT PETITION NO.2586/2023
BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID
WRIT PETITION & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WA No. 38 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The present appeal has been filed after an inordinate delay
of 465 days. The appellant has filed an application - I.A.No.1/2025
seeking condonation of delay, and explaining the same. It is stated
that although the impugned order was passed on 28.07.2023, the
certified copy was received on 16.09.2023. Thereafter, it was
placed before the Government Advocate for legal opinion, which
was sent to the Head of the Legal Cell of the Revenue Department
on 04.11.2023. It is stated that it took few months to communicate
the same, and it was received in the office of the Deputy
Commissioner on 13.05.2024. Thereafter, the grounds of the
appeal were prepared and were sent on 20.07.2024. Once again a
few months were taken in the office of the Advocate General for
allotment of the work in preparing the writ appeal. And a few days
time was taken for typing the manuscript portion. The present
appeal was filed on 09.01.2025.
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HC-KAR
2. As noted above, apart from stating that it took few months'
time at each stage, there is no credible explanation for the delay.
3. In the given circumstances, we are unable to accept that the
appellant has presented a sufficient cause for condoning the delay
in this case. The application I.A.No.1/2025 is accordingly,
dismissed.
4. Consequently, the appeal is dismissed.
5. Pending applications also stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
KS
