Dismissed

Smt.Vanajakshi R v. the State of Karnataka

Karnataka HC2 Nov 2023WP/2479/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed under Articles 226 and 227 of the Constitution challenging an order by the Land Tribunal. The court observed a nine-year delay in filing the petition, found no sufficient cause for condonation, and dismissed it on the grounds of delay and laches.

What did the court decide?

Writ petition dismissed on the ground of delay and laches.

Smt.Vanajakshi R Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:38772 WP No. 2479 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 2479 OF 2023 (LR)

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BETWEEN:

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SMT. VANAJAKSHI R. W/O LATE VENKATESH D/O LATE RAMAIAH SETTY AGED ABOUT 47 YEARS R/AT NO.10, M.M. AQUA, HOSAHALLI NEAR NAKSHA ACADEMY, GUNJURU VILLAGE, VARTHUR HOBLI BENGALURU EAST TALUK

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BENGALURU - 560087.

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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SRI RAVIKUMAR B.G. S/O GAVIRAJ GRAND SON OF LATE RAMAIAH SETTY AGED ABOUT 31 YEARS R/AT NO.268, 5^TH CROSS KETHAGANAHALLI ROAD, HOSA BEEDI, BIDADI TOWN RAMANAGARA DISTRICT-562121.

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…PETITIONERS

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(BY SRI. GADILINGAPPA G.M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE M S BUILDING VIDHANA SOUDHA BENGALURU - 560001.

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NC: 2023:KHC:38772 WP No. 2479 of 2023

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THE LAND TRIBUNAL BENGALURU EAST TALUK, K R PURAM BENGALURU - 560036 REPRESENTED BY ITS CHAIRMAN.

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SRI G.M. HANUMANTHAPPA @ ABBAIAH BY LEGAL REPRESENTATIVES

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SMT. KAVERAMMA W/O LATE HANUMANTHAPPA @ ABBAIAH

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SRI. NARAYANA SWAMY S/O LATE HANUMANTHAPPA @ ABBAIAH AGED ABOUT 69 YEARS

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SRI. RAMASWAMY S/O LATE HANUMANTHAPPA @ ABBAIAH AGED ABOUT 63 YEARS

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SMT. PAPAMMA D/O LATE HANUMANTHAPPA @ ABBAIAH AGED ABOUT 72 YEARS

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SMT. SAROJAMMA D/O LATE HANUMANTHAPPA @ ABBAIAH AGED ABOUT 62 YEARS

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RESPONDENTS 3 TO 7 ARE R/AT GUNJUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560087.

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RAMAIAH SHETTY SINCE DEAD BY LRS

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SMT. JAYAMMA W/O LATE RAMAIAH SHETTY AGED ABOUT 71 YEARS

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SRI. KESHAVA

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3 - NC: 2023:KHC:38772 WP No. 2479 of 2023

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S/O LATE RAMAIAH SHETTY AGED ABOUT 51 YEARS

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RESPONDENTS 8 AND 9 ARE R/AT GUNJURU VILLAGE, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU - 560087.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETASIDE THE ORDER DATED 25.09.2014 PASSED BY THE RESPONDENT-2 BY CHAIRMAN IN CASE NO.L.R.F.2134/19741975 VIDE ANNEXURE-A.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned Additional Government Advocate accepts notice for respondents.

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In this writ petition, the petitioner is assailing the order dated 25.09.2014 passed by the Land Tribunal vide Annexure-A.

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Heard the learned counsel appearing for the

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parties.

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NC: 2023:KHC:38772 WP No. 2479 of 2023

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Having taken note of the factual aspects on

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record that the respondent No.2 has passed an order on 25.09.2014 (Annexure-A) and the wife and son of the late Ramaiah Shetty has been brought on record before the Land Tribunal, I am of the view that, as there is delay of nine years in filing the writ petition, the writ petition deserves to be dismissed on the ground of delay and laches. It is also made clear that, the petitioner has not shown sufficient cause to condone the delay of nine years in filing the writ petition. Therefore, in view of the declaration of law made by the Hon'ble Supreme Court in the case of State of Orissa and Another vs. Mamatha Mohanty , reported in AIR 2011 SCW 1332 , I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed on the ground of delay and laches.

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SD/JUDGE

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List No.: 1 Sl No.: 22

Smt.Vanajakshi R v. the State of Karnataka

Case brief

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Smt.Vanajakshi R v. the State of Karnataka

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