In a writ petition challenging an order rejecting tenancy rights claims due to inordinate delay of 36 years, the Karnataka High Court dismissed the petition on the grounds of delay and laches without satisfactory explanation.
The writ petition was dismissed on the ground of delay and 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.
NC: 2024:KHC:46905 WP No. 14631 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 14631 OF 2022 (LR)
BETWEEN:
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
(BY SRI. SACHIN B.S., ADVOCATE)
…PETITIONERS
AND:
NC: 2024:KHC:46905 WP No. 14631 of 2022
RESPONDENT NOs.1 TO 5 ARE CHILDREN OF SRI DASANNA ALVA, ALL ARE R/AT KUMBRE BETTU HOUSE KEMMEJE POST AND VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA -574 201.
…RESPONDENTS
(BY SMT. ADITHI M.V., AGA)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.02.1988 IN LRYT NO.4600/74-75 AND LRYT NO.1962/74-75 PASSED BY THE LAND TRIBUNAL, PUTTUR, DAKSHINA KANNADA AS PER ANNEXURE-A, IN SO FAR AS REJECTING THE CLAIM OF THE PETITIONER NO.1's FATHER AND PETITIONER NO.2's GRANDFATHER IN RESPECT OF SURVEY NO.14/4 SITUATED AT BELLIPADY VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA AS PER ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
NC: 2024:KHC:46905 WP No. 14631 of 2022
ORAL ORDER
Sd/(M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 32
2 issues framed by the court
Whether the writ petition should be allowed despite the inordinate delay of 36 years in challenging the impugned order?
Whether the writ petition is maintainable on the grounds of delation and laches?
1 provisions across 1 enactments
Sri. Lokappa Gowda K., S/o Angara Gowda
Sri. Hariprasad, S/o Thimmappa Gowda
Smt. Shakunthala Rai, Major
Land Tribunal, Puttur Taluk
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
