Karnataka High Court
Ashabee And Anr vs The Principal Secretary Department Of ... on 14 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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WA No. 200270 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
WRIT APPEAL NO. 200270 OF 2024 (LR-)
BETWEEN:
1. SMT. ASHABEE W/O MAHEBOOB ALI,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O TOLAMMADI VILLAGE, TQ. SEDAM,
DIST. KALABURAGI-585 214.
2. SMT. RAMZAN BEE @ KHAJA BEE,
W/O ABDUL SALEEM, AGE: MAJOR,
OCC: HOUSEHOLD,
R/O MOTAKPALLI VILLAGE, TQ. SEDAM,
DIST. KALABURAGI-585 318.
Digitally signed by
RAMESH
MATHAPATI ...APPELLANTS
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. RAVI B PATIL,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
GOVT OF KARNATKA,
BENGALURU-560 001.
2. THE CHAIRMAN,
SEDAM TALUKA LAND TRIBUNL
TQ. SEDAM DIST. KALABURAGI-585 222.
3. THE TAHASILDAR, SEDAM TALUKA
DIST. KALABURAGI-585 222.
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WA No. 200270 of 2024
HC-KAR
4. BUGGAPPA S/O LAXMAPPA,
SINCE DEAD BY HIS LRS
1) NARASREDY S/O BUGGAPPA
SINCE DEAD BY HIS LEGAL REPRESENTATIVE
5. 1(A) SRI. SRINIVASREDDY S/O NARASREDDY,
AGED ABOUT: 50 YEARS, OCC: AGRICULTURE,
R/O TOLAMAMADI VILLAGE, SEDAM TALUK,
DIST. KALABURAGI-585 214.
...RESPONDENTS
(BY SRI. VEERANAGOUDA M. BIRADAR AGA FOR R1 TO R3;
R4(1)(A) - SERVED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR THE
RECORDS IN WRIT PETITION NO.86195/2012 ON THE FILE OF
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT. TO SET
ASIDE THE ORDER IMPUGNED DATED 26.02.2024 PASSED IN
WRIT PETITION NO.86195/2012 AND CONSEQUENTIALLY TO
SET ASIDE THE ORDER OF THE LAND TRIBUNAL DATED
18.08.1981 IN FILE NO. LRY/AP/2827/1975-76 AS AT
ANNEXURE-L.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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WA No. 200270 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed under Section 4 of Karnataka High
Court Act, challenging the order dated 26.02.2024 passed
by learned Single Judge in W.P.No.86195/2012 dismissed
the writ petition filed by the appellant-petitioner.
2. The case of the appellants is that the legal
representatives of one Peersab, who was the absolute
owner in possession and cultivation of land bearing
Sy.No.25, measuring 9 acres situated at Naretala Pada
village, Sedam, Kalaburagi District. The respondent No.4
has filed an application under Form No.7 under section
48-A(4) of Land Reforms Act, seeking an occupancy rights.
The Tribunal by order dated 18.08.1991 has allowed the
application filed by the tenant and granted an occupancy
right. Being aggrieved by the said, the LRs of original
owner i.e. appellant herein have filed a writ petition before
this Court in W.P. No.86195-86196/2012. There is a
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inordinate delay of 30 years in filing the writ petition,
challenging that order passed by the Land Tribunal dated
18.08.1981. Learned Single Judge by order dated
07.06.2018 has condoned the delay, allowed the writ
petition, set aside the order passed by Land Tribunal dated
18.08.1981. The relevant paragraph Nos.4, 5, 6 and 7
which reads thus:
4. Said order was challenged before this
Court in a writ petition which was allowed.
Against which respondent NO.4 preferred the
writ appeal, which was allowed by order dated
08.12.2022 in Writ Appeal No.200642/2018
(LR).
5. Matter was remitted to this Court by
the said order. Thereafter, this Court head the
parties.
6. Sri. Shravankumar Math, reiterating the
grounds urged in the writ petition, contended
that there is a gross error by the Land Tribunal in
not properly following the procedure as
contemplated under Rule 17(9) of the Karnataka
Land Reform Rules inasmuch as the order which
is challenged under the writ petition vide
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Annexure-L referred to supra is not a speaking
order and therefore sought for allowing the writ
petition.
7. Per contra, Sri Gopalkrishna B.Yadav,
learned High Court Pleader supports the
impugned order.
3. Being aggrieved by the same, the tenant has
filed a Writ Appeal before this Court in Writ Appeal
No.200642/2018, Division Bench of this Court on 8th
December-2022 has allowed the appeal, set aside the
order passed by the learned Single Judge, remitted the
matter back to the learned Single Judge, requesting to
consider the matter of afresh pass an appropriate order in
accordance with law including the point of delay and
latches. The relevant paragraph No.10 which reads thus:
10. Without expressing anything on the
merits or demerits of the case, the impugned
order is liable to be set aside only on the ground
that the learned Single Judge did not assign any
reasons to condone the delay. In view of the
above discussion, we are of the opinion that
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respondent No.4 has made out a ground to
interfere with the impugned order. Accordingly,
we proceed to pass the following:
ORDER
The writ appeal is allowed. The impugned
order dated 07.06.2018 passed in
W.P.Nos.86195-86196/2012 is set aside. The
matter is remitted to the learned Single Judge.
We request learned Single Judge to consider the
matter afresh and pass appropriate order in
accordance with law including the point of delay
and latches.
4. After the matter has been remitted back, by
impugned order dated 26.02.2024, the writ petition has
been dismissed. The learned Single Judge has consider
the matter on merit without giving any finding regarding
the delay and latches in filing the writ petition. In spite of
there is a request of Division Bench to consider the matter
afresh including the point of delay and latches.
5. On that short ground, the writ appeal required
to be allowed and order dated 26.02.2024 required to set
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aside. Accordingly, Writ Appeal is allowed, order dated
26.02.2024 passed in W.P.No.86195/2012 is set aside.
6. The matter is remitted to back the learned
Single Judge to reconsider the matter as per earlier order
passed by this Court dated 08.12.2022 in
W.A.No.200642/2018.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SMP
CT: SB
