IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.1650 OF 2018 (KVOA) BETWEEN:
1. SRI BASAPPA S/O LATE RANGAPPA AGED ABOUT 70 YEARS 2. SRI ANJANEYA S/O SRI BASAPPA AGED ABOUT 54 YEARS 3. SRI DURGAPPA S/O SRI BASAPPA AGED ABOUT 46 YEARS 4. SRI RANGAPPA S/O SRI BASAPPA AGED ABOUT 45 YEARS 5. SRI GANESH S/O SRI BASAPPA AGED ABOUT 44 YEARS ALL ARE RESIDING AT SORATUR VILLAGE HONNALI TALUK, DAVANAGERE DISTRICT.
... APPELLANTS (BY SRI NAIK N.R., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE – 577 001.
3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE DISTRICT – 577 001.
4. THE TAHSILDAR HONNALI TALUK, HONNALI DAVANAGERE DISTRICT – 577 001.
5. SMT. MANJULA W/O SRI THIRMALESH AGED ABOUT 50 YEARS RESIDING AT SORATUR HONNALI TALUK DAVANAGERE DISTRICT – 577 001.
... RESPONDENTS (BY SRI S.S. MAHENDRA, AGA FOR R1 TO R4) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN W.P.NO.42482/2017 (KVOA) DATED 01.06.2018 BY THE LEARNED SINGLE JUDGE AND ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Heard.
2. The appellants are petitioners before the Hon’ble Single Judge. They presented the instant writ petition challenging the order in Miscellaneous Appeal No.128/2013 passed by the learned District Judge, Davanagere, dismissing their appeal on the ground of delay of 426 days in presenting the said appeal. The Hon’ble Single Judge while considering the writ petition has found that delay was not explained properly and has also recorded that petitioners did not approach the Court with clean hands.
3. We have carefully considered the submissions of learned advocate for the appellants and perused the records.
4. Appellants have filed the appeal with a delay of more than one year. No cogent reason is forthcoming for condonation of delay. In the circumstances, we find no ground to interfere in this appeal.
Resultantly, this appeal fails and it is accordingly dismissed.
In view of dismissal of the main appeal, I.A.No.1/2018 for stay does not survive for consideration and it is also dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca