The petitioner challenged the delay in approving a quarry lease application filed in 2004. The Court noted a gross unexplained delay of four years between the first representation and the filing of the writ petition. Justice holds the petition is barred by laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2019
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION NO.8860 OF 2019 (GM-MM-S))
BETWEEN
SRI. DODDACHOWDAPPA S/O LATE NARAYANAPPA, AGED 70 YEARS, RESIDING AT MUDDANAHALLI VILLAGE, BYLANARASAPURA POST,
HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 562 122.
... PETITIONER
(BY SRI. MANJUNATH M HEGDE, ADV.)
AND
(BY SRI. VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DISPOSE OF THE APPLICATION DATED 17.12.2004 ONE MADE BY THE PETITIONER FOR GRANT OF QUARRY LEASE FOUND AS ANNEXURE-A TO THE WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner.
Sd/CHIEF JUSTICE
Sd/JUDGE
DM
2 issues framed by the court
Whether the High Court can entertain a writ petition seeking disposal of a long-pending quarry lease application filed decades ago.
Whether unexplained delay of four years between representation and filing of the writ petition bars the exercise of writ jurisdiction.
2 provisions across 1 enactments
SRI. DODDACHOWDAPPA S/O LATE NARAYANAPPA
THE STATE OF KARNATAKA
ABHAY S. OKA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
