Sri Anni Poojary Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.8.2005 PASSED BY THE R2 LAND TRIBUNAL IN PROCEEDINGS BEARING NO.LRY.59.74-75 ALONG WITH 112.76-77 AS PER ANNEXURE-A, AND PASS AN ORDER IN THE NATURE OF WRIT CERTIORARI OR ANY ANY THE APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED GRANT CERTIFICATE DATED 21.1.2006 GRANTED BY THE R2 LAND TRIBUNAL, AS PER ANNEXURE-B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this writ petition, petitioner is assailing the order dated 25.08.2005 (Annexure-A) passed by the respondent No.2, interalia sought for direction to the respondent

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HC-KAR

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NC: 2026:KHC:36083 WP No. 5180 of 2024

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CNR: KAHC010079452024

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authorities to quash grant certificate issued in favour of

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the father of the respondent Nos.7 to 11.

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In this regard, Sri A.Keshava Bhat, learned

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counsel appearing for the private respondents raise a preliminary objection that the writ petition is of the year 2024, challenging the order passed by the Land Tribunal after a lapse of 19 years and therefore, sought for dismissal of the petition on the ground of delay and laches.

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In this regard, Sri Rakshith Kumar, learned counsel appearing for the petitioner submits that the entire proceedings have been conducted against the dead person and therefore sought for interference of the court.

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However, taking into consideration the finding recorded by the Tribunal at Annexure-A would indicate that the respondent therein was represented through the learned counsel.

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HC-KAR

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NC: 2026:KHC:36083 WP No. 5180 of 2024

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CNR: KAHC010079452024

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In that view of the matter, the petitioner is well

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aware about the proceedings before the Land Tribunal and in that view of the matter, I find force in the submission made by the learned counsel appearing for the respondents No.7, 8, 10 and 11 and therefore following the declaration of law made by the Hon'ble Supreme Court in the case of the case of Shivamma (Dead) by LRS vs. Karnataka Housing Board and Ors., reported in 2025 SCC Online SC 1969 and in the case of H.Guruswamy & Ors. vs. A.Krishnaiah, Since deceased by LRS reported in 2025 SCC Online SC 54, as there is no sufficient cause has been shown to condone the delay of 19 years, the writ petition

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is accordingly, dismissed on the ground of delay and laches.

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SD/- (E.S.INDIRESH) JUDGE

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KLY List No.: 1 Sl No.: 53

Sri Anni Poojary v. the State of Karnataka

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Sri Anni Poojary v. the State of Karnataka

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