Writ appeal rejected. Bench held learned Single Judge correct in disposing writ petition on delay and latches despite reserved liberty and health issues of appellants. No merit found in appeal.
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NC: 2024:KHC:41372-DB WA No. 396 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 396 OF 2023 (KLR-RES)
BETWEEN:
BOTH ARE RESIDING AT KURUBARAHALLI VILLAGE HOSKOTE TALUK
Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA
BENGALURU RURAL DISTRICT BENGALURU-562 114
(BY SRI. B.N. VIVEK, ADVOCATE)
…APPELLANTS
AND:
NC: 2024:KHC:41372-DB WA No. 396 of 2023
…RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, AGA)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN W.P. No.1742/2022 (KLR-RES) DISPOSED ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND SET ASIDE THE ORDER DATED 10.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. No. 1742/2022 (KLR-RES) AND CONSEQUENTLY, ALLOW THE WRIT PETITION BY ALLOWING THE PRESENT APPEAL AND ETC
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Appellants-petitioners are before this Court questioning the order dated 10.10.2022 in W.P. No.1742/2022 by which the learned Single Judge rejected the writ petition solely on the ground of delay and latches.
Court in the above said writ petition questioning the Endorsement dated 18.06.2011 by which their request for regularization of their occupation in Sy.No.104 to an extent of 4 acres 36 guntas in Kasaba Hobli, Kurubarahalli Grama, Hosakote Taluk, is rejected.
and submits that they were before this Court in
W.P. No.11865/2011 with a prayer to direct the respondents to consider their application submitted in Form-53 and when the matter came up before this Court, the writ petition stood disposed of on Government Advocate placing on record the endorsement dated 18.06.2011 with liberty to the petitioner to challenge the said endorsement.
herein was unwell and had undergone surgery in the year 2021, the writ petition came to be filed in the year 2022. In that circumstance, learned counsel for the appellants would submit that the learned Single Judge committed an error in dismissing the writ petition solely on the ground of delay and latches.
appellants and after perusing the writ petition papers, we do not find any error committed by the learned Single Judge. The endorsement which was under challenge before the learned Single Judge is dated 18.06.2011 and the petitioner is before this Court by filing writ petition only in the year 2022. There is a delay of nearly more than
ten years. The learned counsel for the appellants submitted that the said endorsement was not within the knowledge of the petitioner and it came to the knowledge
of the petitioner only when the other side placed on record in the earlier writ petition in the year 2017. Even from
that date there is delay of more than four years in preferring the writ petition. The endorsement was placed on record in the year 2017 whereas, writ petition was filed in the year 2021. The petitioner was not interested in prosecuting his application filed in Form-53 or in prosecuting the writ petition. A person who sleeps over his right would not get any relief and Article 226 of Constitution of India would not come to the aid of such
NC: 2024:KHC:41372-DB WA No. 396 of 2023
persons. In view of the above, we do not find any merit in the appeal and accordingly, the writ appeal stands rejected. It is open for the petitioner to avail any other remedy if available under law.
Sd/(S.G.PANDIT) JUDGE
Sd/(RAMACHANDRA D. HUDDAR) JUDGE
PSJ
List No.: 1 Sl No.: 38
2 issues framed by the court
Whether the writ appeal challenging the dismissal of the writ petition on grounds of delay and latches deserves to be allowed.
Whether the learned Single Judge erred in dismissing the writ petition solely on the ground of delay.
Sri. G. Nagaraj S/o Late Govindappa
Sri. G. Basavaraj S/o Late Govindappa
The State Of Karnataka Dept. Of Revenue
The Deputy Commissioner Bengaluru Rural District
The Tahsildar Hoskote Taluk
The Land Tribunal Hoskote Taluk
S.G. Pandit
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
