Karnataka High Court
State Of Karnataka vs Sri. Ramachandraiah. K. B on 25 October, 2025
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NC: 2025:KHC:42298-DB
WA No. 1723 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 1723 OF 2025 (KLR-LG)
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
MULTISTORIED BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER
TUMAKURU DISTRICT,
TUMAKURU-572 101.
3. THE ASSISTANT COMMISSIONER
Digitally TUMAKURU SUB-DIVISION,
signed by
VASANTHA TUMAKURU-572 101.
KUMARY B K
Location: 4. THE TAHSILDAR
HIGH
COURT OF KUNIGAL TALUK,
KARNATAKA KUNIGAL-572 130.
5. THE COMMITTEE FOR REGULARIZATION
OF UNAUTHORIZED OCCUPATION,
REPRESENTED BY ITS SECRETARY,
KUNIGAL TALUK, TUMAKURU-572 130.
...APPELLANTS
(BY SRI. M.N.SUDEV HEGDE, AGA)
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NC: 2025:KHC:42298-DB
WA No. 1723 of 2025
HC-KAR
AND:
1. SRI. RAMACHANDRAIAH. K. B.
S/O. LATE BETTAIAH,
AGED ABOUT 47 YEARS,
R/AT KITTAGATTA VILLAGE,
AMRUTHURU HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT-572 111.
...RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR
RECORDS ON WP 5216/2024 AND SET ASIDE THE ORDER
DATED 23/02/2024 THEREIN, DISMISS THE WRIT PETITION
FILED BY THE RESPONDENT, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
This writ appeal is filed impugning the judgment and
order dated 23.02.2024 passed by the learned Single
Judge in W.P.No.5216/2024 (KLR-LG), along with
I.A.No.1/2025 filed under Section 5 of the Limitation Act,
1963, seeking to condone the delay of 570 days in
preferring this instant writ appeal.
NC: 2025:KHC:42298-DB
HC-KAR
2. The reasons assigned in the affidavit at paragraph
Nos.2 to 4 of the affidavit accompany the application read
as under :-
"2. I submit that the above appeal is filed challenging
the order dated 23.02.2024 in W.P.No.5216/2024 (KLR-
LG) issuing writ of mandamus to consider the
representation, if the respondent is granted the land, call
upon him to pay the premium/TT fine/kimmath and then
issue Saguvali Chit within four months from the date of
receipt of the order. The detailed averments made in the
appeal memo may kindly be read as part and parcel of
this affidavit to avoid repetition of facts.
3. I submit that after the order was passed in the writ
petition, letter of intimation was sent to the government.
The file was circulated through different sections and
ultimately the decision was intimated to file a writ appeal.
The said letter was received on 31.07.2025.
4. Immediately, thereafter, arrangements were made
to file the above writ appeal. There is a small delay in
filing the above writ appeal which is due to bona fide
reasons and not due to negligence. If the delay in filing
the writ appeal is not condoned, irreparable loss and
injury would be caused to the appellant. The respondent
is not entitled to grant of the land on his own
submissions. Without ascertaining the same, the
impugned order is passed. Therefore, the impugned order
is liable to be set aside."
NC: 2025:KHC:42298-DB
HC-KAR
3. A perusal of the aforesaid paragraphs of the affidavit
filed accompanying the application seeking condonation of
570 days delay, indicates that no reasons are coming forth
in filing the appeal belatedly.
4. We are of the considered view, that appellant has
failed to explain such an inordinate delay in filing the
appeal and we are not convinced with the reasons stated
to condone the inordinate delay, therefore, we dismiss the
application.
5. As a consequence the writ appeal also stands
dismissed.
SD/-
(D K SINGH)
JUDGE
SD/-
(RAJESH RAI K)
JUDGE
NG
