The High Court of Karnataka dismissed a writ petition challenging an order cancelling land grant due to a decades-long delay in approaching the court, relying on the principle that delayed petitions in property matters are not entertained.
None. The petition was rejected and disposed of due to delay.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.36414 OF 2017 (KLR-RES)
BETWEEN:
BOTH ARE R/AT PAGADE KALLAHALLI VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 571 434.
...PETITIONERS
(BY SRI. V RANGARAM, ADVOCATE)
AND:
… RESPONDENTS
(BY SRI.C.N.MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETASIDE THE ORDER PASSED BY THE TAHASILDAR, PANDAVAPURA DTD 22.04.1991 VIDE ANNX-D HEREIN AND
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ALLOW THIS W.P. AND DIRECT THE R-1 TO MUTATE/ENTERED THE NAME OF PETITIONERS IN ALL REVENUE RECORDS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioners are knocking at the doors of Writ Court for assailing the order dated 22.04.1991(Annexure-D) whereby the grant of land has been cancelled on the grounds stated therein.
having entered appearance through the learned AGA vehemently oppose the writ petition contending that though the impugned order was passed on 22.04.1991 the petition has been filed only on 10.08.2017 without whispering anything about the enormous decades long delay being brooked in approaching the Writ Court. He takes the Court through the pleadings of the petitioner in respect of his contention. He relies upon decision of the Apex Court in VISHWAS NAGAR EVACUEE PLOT VS. UNDER SECRETARY, DELHI ADMINISTRATION AIR 1990 SC 849 in support of his case that in matters involving property rights delayed petitions shall not be entertained by the Constitutional Courts.
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Having heard the learned counsel for the parties and having perused the petition papers, this Court is in complete agreement with the submission of learned AGA and rejects the petition.
Ordered accordingly and petition is disposed off. No costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether this writ petition should be entertained despite a delay of over twenty-five years in filing it.
Colour shows how this judgement treated each authority
Vishwas Nagar Evacuee Plot Vs. Under Secretary, Delhi AdministrationRelied on¶26
_VISHWAS NAGAR EVACUEE PLOT VS. UNDER SECRETARY, DELHI ADMINISTRATION AIR 1990 SC 849_ · Who else cites this
1 provisions across 1 enactments
Sri. Suresha
Sri. Krishna
Thasildar
The Revenue Inspector
The Assistant Commissioner
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
