IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.32060/2019 (LB-RES) BETWEEN:
1. SRI H V JAYARAM, S/O LATE H V VEEREGOWDA, AGED ABOUT 80 YEARS, R/AT NO.1399, 1ST CROSS, BANDIGOWDA LAYOUT, MANDYA-571401.
2. SRI CHIKKASWAMY, S/O LATE PUTTABASAVEGOWDA, AGED ABOUT 73 YEARS, R/AT NO.1841, 3RD CROSS, BANDIGOWDA LAYOUT, MANDYA-571401.
3. SRI M KRISHNEGOWDA, S/O LATE MANCHEGOWDA, AGED ABOUT 73 YEARS, R/AT 1808, 1ST CROSS, BANDIGOWDA LAYOUT, MANDYA-571401.
... PETITIONERS (BY SRI R S RAVI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M S BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.
2. THE CITY MUNICIPAL COUNCIL, REP. BY ITS COMMISSIONER, MANDYA-571401.
3. MANDYA URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, MANDYA-571401.
4. SMT. REVATHI, W/O LATE PRAKASH, AGED MAJOR, R/AT 1294, NEHRU NAGARA EXTENSION, MANDYA CITY, MANDYA-571401.
5. SRI ADI CHUNCHANAGIRI TRUST, SRI ADI CHUNCHANAGIRI SAMSTHANA MUTT, MANDYA-571401.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION DTD.22.12.1981, MADE IN SUBJECT NO.105, ISSUED BY THE R-2 VIDE ANNX-B; DECLARE THE SALE DEED DTD.31.03.1986, MEASURING 70 x 250 Sq. METERS, IN RESPECT OF PUBLIC PARK AREA, EXECUTED BY THE R-2 IN FAVOUR OF THE FATHER-IN-LAW OF THE R-4 AS INOPERATIVE, INVALID AND VOID, VIDE ANNX-B1, AND DECLARE THE SALE DEED DTD.21.12.1988, MEASURING 70 x 250 Sq. METERS, IN RESPECT OF PUBLIC PARK AREA, EXECUTED BY THE R-2 IN FAVOUR OF THE FATHER-IN-LAW OF THE R-5 AS INOPERATIVE, INVALID AND VOID, VIDE ANNX-H.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Following are the prayers made in this writ petition in the nature of PIL filed on 30th July 2019:
1) Quash the resolution dated 22.12.1981, made in Subject No.105, issued by the 2nd respondent vide Annexure-B;
2) To declare the sale deed dated 31.03.1986, measuring 70 x 250 Sq. meters, in respect of public park area, executed by the 2nd respondent in favour of the father-in-law of the 4th respondent as inoperative, invalid and void, vide Annexure-B1;
3) To declare the sale deed dated 21.12.1988, measuring 70 x 250 Sq. meters, in respect of public park area, executed by the 2nd respondent in favour of the father-in-law of the 5th respondent as inoperative, invalid and void, vide Annexure-H.
2. Thus, for quashing the resolution dated 22nd December 1981, the petitioners have approached this Court after lapse of 37 years. The sale deeds of the years 1986 and 1988 are being challenged after lapse of 33 and 31 years respectively. There is absolutely no explanation for such a long delay. We, therefore, decline to entertain this petition on the ground of gross delay and laches.
Accordingly, the writ petition is rejected.
Sd/- CHIEF JUSTICE Sd/- JUDGE MD