Citation : 2026 Latest Caselaw 29 Kant
Judgement Date : 5 January, 2026
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NC: 2026:KHC:60-DB
WA No. 971 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 971 OF 2025 (S-KSRTC)
BETWEEN:
1. MAMATHA. M
D/O MUNIRAJAPPA,
AGE 32 YEARS
R/AT SURAGAJAKKANAHALLI
HAARAGADDE POST
ANEKAL TALUK,
KASABA HOBLI,
BANGALORE RURAL DISTRICT - 562 106.
Digitally signed
by SREEDHARAN
BANGALORE ...APPELLANT
SUSHMA
LAKSHMI
(BY SRI. SHEKAR L, ADVOCATE)
Location: High
Court of
Karnataka
AND:
1. CHIEF PERSONAL MANAGER
BMTC CENTRAL OFFICES
K.H.ROAD,
BANGALORE - 560 027.
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NC: 2026:KHC:60-DB
WA No. 971 of 2025
HC-KAR
2. DIVISIONAL CONTROLLER,
BMTC, SOUTH DIVISION/ZONE
CENTRAL OFFICES, K.H.ROAD
BANGALORE - 560 027.
3. DIVISIONAL CONTROLLER,
BMTC, EAST DIVISION/ZONE
CENTRAL OFFICES
K.H.ROAD
BANGALORE - 560 027.
...RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
19.06.2024 PASSED BY THE HON'BLE LEARNED SINGLE JUDGE
IN WP No. 12624/2022 AND CONSEQUENTIALLY ALLOWED THE
WRIT PETITION AS PRAYED FOR, AND ETC.,
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:60-DB
WA No. 971 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. This writ appeal has been filed by the appellant,
challenging the order passed by this Court in
WP.No.12624/2022 (S-KSRTC) dated 19.06.2024.
2. The parties are referred to as per their rankings in
the writ petition for the sake of their convenience.
3. The present writ appeal has been filed with a delay
of 331 days, the affidavit in support of the application seeking
condonation of delay discloses the reasons for not filing the
appeal on time as mentioned in paragraph No.2, which is
extracted here under:
"I submit that, the writ petition was disposed on 19.06.2024. I am not aware the disposal of Writ petition. Further, I lost the Mobile phone, hence I could not contact my counsel. Further, I am suffering from 30% of blindness in my right eye. Due to loss of mobile phone, neither myself nor my counsel able to contact each other. However, in the month of June - 2025, I personally, contacted my counsel regarding the stage of the case. Where, I learnt that, the Writ Petition was dismissed in the month of June - 2024 itself.
NC: 2026:KHC:60-DB
HC-KAR
Immediately, steps having been taken to file this Appeal. Hence, there is a delay of 331 days in filing this Writ Appeal. Delay in filing the Writ Appeal is not an intentional, but for the bonafide reasons as stated above. The balance of connivance in my favour and ever likelihood of succeed on merits. Hence, I am filed an accompanying application seeking condonation of delay of 331 days in filing this appeal. No prejudice or hardship would be caused to the Respondent by allowing this application. If this application is not allowed, I will be put to great hardship and injury.
4. Thus, from the perusal of paragraph No.2 of the
affidavit filed in support of the application seeking condonation
of delay, it would be evident that the only ground which has
been urged is that, the petitioner had lost her mobile phone
and therefore, she could not get in contact with the counsel
who represented her case before the learned Single Judge.
Thereafter, she could get hold of another mobile phone and
contacted the counsel who represented her case and she got to
know that the writ petition was dismissed in the month of
June - 2024, itself.
NC: 2026:KHC:60-DB
HC-KAR
5. The reasons stated in the affidavit filed in support of
the application seeking condonation of delay of 331 days are
neither convincing nor bonafide nor sufficient.
6. Therefore, we dismiss this application seeking
condonation of delay of 331 days in filing the writ appeal. Even
on merit also we do not find that the learned Single Judge has
erred either on facts or law.
Accordingly, the writ appeal is dismissed.
Sd/-
(D K SINGH) JUDGE
Sd/-
(S RACHAIAH) JUDGE
NM List No.: 1 Sl No.: 9
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