Dismissed

Sri. Tahir Ali v. the State of Karnataka

Karnataka HC18 Jun 2026WP/27873/2024

Case brief

AI extract

What is this about?

This short order dismisses a writ petition filed under Articles 226 and 227 of the Constitution challenging an administrative order dated 2015 due to an inordinate delay of over nine years, following the Supreme Court precedent in Shivamma against KHB.

What did the court decide?

Writ petition dismissed as it is barred by inordinate delay of more than nine years per Supreme Court law.

Sri. Tahir Ali Vs the State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2026)

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NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27873 OF 2024 (KLR-RES)

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BETWEEN:

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SRI. TAHIR ALI S/O SRI. USMAN ALI, AGED ABOUT 51 YEARS, R/AT NO.363, MAHADEVAPURA ROAD, BHARAT NAGARA, NAZARBAD MOHALLA, MYSURU - 570 019.

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…PETITIONER

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(BY SRI. AJIT KALYAN, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001.

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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SMT. SHIKHA DISTRICT COMMISSIONER, D.C. OFFICE MYSURU DISTRICT - 570 001.

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C. NAGARAJU SINCE DEAD, BY LRS.

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SMT. CHIKKAMMA D/O LATE CHIKKAIAH, SISTER OF LATE C. NAGARAJU, AGED ABOUT 69 YEARS R/AT DOOR NO.1205, MAHADEVAPURA MAIN ROAD,

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2 - NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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RAMANAHALLI VILLAGE, KASABA HOBLI, MYSURU DISTRICT - 571 130.

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SMT. MAHADEVAMMA D/O LATE CHIKKAIAH, SISTER OF LATE C. NAGARAJU, AGED ABOUT 67 YEARS, R/AT DOOR NO.168, MAHADEVAPURA MAIN ROAD, RAMANAHALLI VILLAGE, KASABA HOBLI, MYSURU DISTRICT - 571 130.

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SRI. MAHADEVU S/O LATE CHIKKAIAH, BROTHER OF LATE C. NAGARAJU, AGED ABOUT 65 YEARS, R/AT DOOR NO.166, MAHADEVAPURA MAIN ROAD, RAMANAHALLI VILLAGE, KASABA HOBLI, MYSURU DISTRICT - 571130.

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SMT. CHANDRAMMA D/O LATE CHIKKAIAH, SISTER OF LATE C. NAGARAJU, AGED ABOUT 61 YEARS, R/AT DOOR NO.1545/A, ASHWATHAKATTE ROAD, KYATHAMARANAHALLI MYSURU TALUK AND DISTRICT - 570 026.

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SMT. LAKSHMI D/O LATE CHIKKAIAH, SISTER OF LATE C. NAGARAJU, AGED ABOUT 59 YEARS R/AT DOOR NO.3551, 2^ND MAIN ROAD, TILAK NAGAR, MYSURU - 570 021.

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3 - NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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SRI. DEVARAJU S/O LATE CHIKKAIAH, BROTHER OF LATE C. NAGARAJU, AGED ABOUT 50 YEARS, R/AT DOOR NO.102/1, RAMANAHALLI VILLAGE, KASABA HOLBI MYSURU TALUK AND DISTRICT - 571 130.

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SRI. MUDDU S/O LATE CHIKKAIAH, BROTHER OF LATE C. NAGARAJU, AGED ABOUT 45 YEARS, R/AT DOOR NO.156, RAMANAHALLI VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT - 571 130.

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SRI. KAMBRAIAH S/O LATE CHENNIGAYA, AGE: MAJOR, R/AT RAMANAHALLI KASABA HOBLI, MYSURU DISTRICT - 571 130.

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SRI. M.K. RAVIKUMAR S/O SRI. KUPPARAJU, AGE: MAJOR R/AT NO.199/12, 23^RD CROSS, 6^TH BLOCK, JAYANAGAR, BENGALURU - 560 011.

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SRI. PAUJAN RAHEEL SAIPULLA S/O SAIPULA MUHAMAD GHOUSE, AGE: MAJOR, R/AT NO.14, ST. MARKS ROAD, BENGALURU - 560 001.

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SRI. RAMESH KUMAR GOVERNMENT (BHOOMAPAKARU),

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NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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TAHASILDAR OFFICE (BHOOMAPANA BRANCH) MYSURU - 570 005.

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SRI. T. MOHAN KUMAR (PARAVANAGI BHOOMAPAKARU) TAHASILDAR OFFICE (BHOOMAPANA BRANCH), MYSURU - 570 005.

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THE TAHASILDAR MYSURU TALUK, MYSURU - 570 005.

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…RESPONDENTS

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(BY SMT. B.P. RADHA, 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 18^TH FEBRUARY, 2015 PASSED BY THE DEPUTY COMMISSIONER, MYSURU DISTRICT VIDE ANNEXURE-A; CONSEQUENTLY CONFIRM THE ORDER OF THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EXOFFICO DEPUTY DIRECTOR OF LAND RECORDS DATED 24^TH JUNE, 2013 VIDE ANNEXURE-H; AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Smt. B.P. Radha, learned Additional Government

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Advocate accepts notice for respondents 1 and 2.

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In this petition, the petitioner is challenging the order dated 18^th February, 2015 (Annexure-A) passed by the respondent No.2-Deputy Commissioner; inter alia sought for confirming the order dated 24^th June, 2013 (Annexure-H)

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NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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passed by the Technical Assistant to Deputy Commissioner and Ex-officio Deputy Director of Land Records.

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Heard Sri. Ajit Kalyan, learned counsel appearing

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for the petitioner and Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 and 2.

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Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 and 2 submits that, there is a delay of more than nine years in challenging the impugned order passed by the respondent No.2 in the present petition.

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Having taken note of the submission made by learned counsel appearing for the parties, though the learned counsel appearing for the petitioner has stated that, there is a violation of Hissa in respect of the subject land, however, the impugned order is passed by the respondent No.2 on 18^th February, 2015 (Annexure-A) and the petitioner has challenged the same before this Court in the present petition after an inordinate delay of more than nine years.

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NC: 2026:KHC:30032 WP NO.27873 OF 2024

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HC-KAR

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Therefore, following the law declared by Hon'ble Supreme Court in the case of SHIVAMMA (DEAD) BY LRS vs. KARNATAKA HOUSING BOARD AND OTHERS reported in 2025 SCC OnLine SC 1969, I am of the view that, no interference be called for in this petition. Accordingly, writ petition is dismissed.

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Sd/(E.S. INDIRESH) JUDGE

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ARK List No.: 1 Sl No.: 21

Sri. Tahir Ali v. the State of Karnataka

Case brief

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Sri. Tahir Ali v. the State of Karnataka

Case brief

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