[Cites 3, Cited by 0]
Karnataka High Court
Sri Harijana Jalli Hanumantappa S/O ... vs Sri Bhimalingappa S/O Late Kolagal ... on 18 March, 2026
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NC: 2026:KHC-D:4327-DB
WA No. 100049 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
WRIT APPEAL NO. 100049 OF 2025 (SCST)
BETWEEN:
SRI HARIJANA JALLI HANUMANTAPPA
S/O DEVADASI KENCHAMMA
AGE. 58 YEARS, OCC. AGRICULTURE,
R/O. KUDATINI VILLAGE,
TAL. BALLARI, DIST. BALLARI 583115.
...APPELLANT
(BY SRI. M.S. HARAVI, ADVOCATE)
AND:
1. SRI BHIMALINGAPPA,
Digitally signed by
YASHAVANT
S/O LATE KOLAGAL RAMAPPA
NARAYANKAR
Location: HIGH
COURT OF
KARNATAKA
AGE. 65 YEARS, OCC. AGRICULTURE,
DHARWAD BENCH
Date: 2026.03.26
10:24:40 +0530
2. SRI THIMAPPA,
S/O LATE KILAGAL RAMAPPA
AGE. 63 YEARS, OCC. AGRICULTURE,
3. SRI BASAPPA,
S/O LATE KOLAGAL RAMAPPA
AGE. 60 YEARS, OCC. AGRICULTURE,
4. SRI VEERESH,
S/O LATE KOLAGAL RAMAPPA
AGE. 50 YEARS, OCC. AGRICULTURE,
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NC: 2026:KHC-D:4327-DB
WA No. 100049 of 2025
HC-KAR
ALL ARE R/O. KUDATINI VILLAGE,
BALLARI TALUK, BALLARI DISTRICT.
5. THE DEPUTY COMMISSIONER
BALLARI, DIST. BALLARI 583101.
6. THE ASSISTANT COMMISSIONER
BALLRI SUB DIVISION, BALLARI,
DIST. BALLARI 583101.
7. THE TAHASILDAR
BALLARI, TALUK BALLARI,
DIST. BALLARI 583101.
...RESPONDENTS
(BY SRI. PRAVEEN K. UPPAR, AGA FOR R5 TO R7;
SRI CHETAN MUNNOLI, ADVOCATE FOR R1 TO R4)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED SINGLE JUDGE IN W.P. NO.109673/2017
DATED 31-08-2024.2. PASS ANY APPROPRIATE ORDER OR
DIRECTION AS DEEMS FIT BY THIS COURT UNDER THE FACTS
AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS WRIT
APPEAL WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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NC: 2026:KHC-D:4327-DB
WA No. 100049 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI)
This writ appeal is filed under Section 4 of The Karnataka
High Court Act, 1960 challenging the order dated 31.08.2024
passed in Writ Petition No.109673/2017.
2. Brief facts, leading rise to the filing of this writ appeal
are as follows:
Respondent No.1 to 4 challenged the order dated
06.04.2002 passed by the Assistant Commissioner vide
Annexure-B therein and the order dated 05.12.2005 passed by
the Deputy Commissioner vide Annexure-A therein. A writ court
issued a notice to the appellant. Despite the service of notice,
the appellant remained unrepresented before the writ court. The
learned Single Judge vide order dated 31.08.2024 allowed the
writ petition and quashed the orders at Annexure-A and
Annexure-B therein. The appellant, aggrieved by the order
passed by the learned Single Judge in the aforesaid writ petition,
filed the present appeal.
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HC-KAR
3. Heard the arguments of the learned counsel for the
appellant and the learned counsel for the respondent No.1 to 4.
4. The learned counsel for the appellant submits that
the respondents 1 to 4 aggrieved by the order passed by the
Deputy Commissioner had filed a writ petition after lapse of more
than 12 years. There is an inordinate delay in approaching the
writ Court. The said aspect was not considered by the learned
Single Judge and committed an error in passing the impugned
order. Hence, he submits that the impugned order may be set
aside, the writ petition may be restored and the appellant be
permitted to participate in the writ petition. Hence, on these
grounds, he prays to allow the writ appeal.
5. Per contra, learned counsel for the respondents 1 to
4 submits that the petition was filed under Section 4 of the PTCL
Act. The Assistant Commissioner without considering that there
was an inordinate delay in submitting the representation has
passed the impugned order. The Deputy Commissioner, without
re-appreciating the material on record, has passed the order and
dismissed the appeal. The impugned orders passed by the
Assistant Commissioner and the Deputy Commissioner are
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HC-KAR
arbitrary and erroneous. Hence, on these grounds, pray to
dismiss the writ appeal.
6. Perused the records, and considered the submissions
of the learned counsel for the parties.
7. The Assistant Commissioner has passed an order
dated 06.04.2002 under the PTCL Act alleging that the transfer is
in violation of provisions of PTCL Act. Respondents 1 to 4
aggrieved by the ordered passed by the Assistant Commissioner
preferred the appeal before the Deputy Commissioner. The
Deputy Commissioner has dismissed the appeal filed by
respondents 1 to 4 on 05.12.2005. Respondent no. 1 to 4
aggrieved by the order dated 05.12.2005 passed by the Deputy
Commissioner preferred a writ petition in the year 2017.
8. Though respondents 1 to 4 contended that they have
explained the reasons for delay in filing the writ petition in the
memorandum of writ petition, from the perusal of the order
passed by the learned Single Judge, it is noticed that the learned
Single Judge did not consider the said aspect, and proceeded to
pass an impugned order. Although a notice was issued to the
appellant, the appellant despite the service of notice be remained
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HC-KAR
unrepresented in the writ petition. The learned Single Judge did
not record any finding regarding the delay in filing a writ petition.
There is an inordinate delay in filing the writ petition. Hence, on
this ground, the impugned order is liable to be set aside.
9. In view of the above discussion, we proceed to pass
the following:
ORDER
(i) Writ appeal is allowed.
(ii) The impugned order dated 31.08.2024 passed in
W.P.No.109673/2017 is set aside, and
W.P.No.109673/2017 is restored to its original
position.
(iii) In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive
for consideration, and are disposed of accordingly.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
YAN, Ct-CMU,
LIST NO.: 1 SL NO.: 19
