IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.2882 OF 2019 (LR) BETWEEN:
SRI LANKAPPA S/O.GIRIAPPA MAJOR AGRICULTURIST SINCE DECEASED BY HIS LRS.
1(A) RAMAIAH S/O.LATE LANKAPPA AGED ABOUT 75 YEARS R/AT ULLITHIGALARAPETE ANEKAL TOWN BENGALURU DISTRICT 1(B) ANJANAPPA S/O.LATE LANKAPPA DEAD BY LRS.
1(B-1) SMT.LAKSHMAMMA W/O.LATE ANJANAPPA AGED ABOUT 64 YEARS 1(C) KRISHNAPPA S/O.LATE LANKAPPA AGED ABOUT 62 YEARS R/AT BEHIND MILK CHILLING CENTER ANEKAL TOWN BENGALURU DISTRICT ... APPELLANTS (BY SHRI B.J.KRISHNA, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY VIDHANA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE LAND TRIBUNAL BY ITS CHAIRMAN ANEKAL TOWN ANEKAL TALUK BENGALURU DISTRICT 3. SIDDALINGAPPA S/O.LATE GUBBAIAH SINCE DEAD BY HIS LRS.
(A) RAJASEHKAR S/O.LATE SIDDALINGAPPA AGED ABOUT 72 YEARS R/AT THALI ROAD ANEKAL TOWN BENGALURU DISTRICT (B) SHIVAPRASAD SINCE DEAD BY HIS LRS.
(i) SMT.PUTTEERAMMA W/O.LATE SHIVA PRASAD AGED ABOUT 62 YEARS (ii) YATHISH S/O.LATE SHIVA PRASAD AGED ABOUT 45 YEARS (iii) YOGESH BABU S/O.LATE SHIVA PRASAD AGED ABOUT 42 YEARS (iv) HEMANTH KUAMR S/O.LATE SHIVA PRASAD AGED ABOUT 40 YEARS (v) VEDAMURTHY S/O.LATE SHIVA PRASAD AGED ABOUT 37 YEARS 3(B)(i) TO 3(B)(v) ARE R/AT MILK CHILLING CENTER KANAKAPUR BENGALURU DISTRICT 4. PUTTAPPA SINCE DEAD BY HIS LRS.
(a) K.P.NAGARAJU S/O.PUTTAPPA (b) RUDRAVEERAPPA S/O.PUTTAPPA (c) SIDDAVEERAPPA S/O.PUTTAPPA ALL ARE R/AT ANEKAL TOWN ANEKAL BENGALURU DISTRICT ... RESPONDENTS ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 12.06.2012 (ANNEXURE-A) PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.5346/2007 AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT In the morning session, none appeared for the appellant. What is challenged in this appeal filed on 2nd August 2019 is the order of the learned Single Judge dated 12th June 2012. The said order is passed in the writ petition filed in the year 2007 wherein there was a challenge to the orders dated 11th June 1980 and 4th June 1988. The learned Single Judge dismissed the writ petition on various grounds including the ground of gross delay.
Apart from the said delay in filing the writ petition, now there is a delay of 2577 days in filing the appeal. An application for condonation of delay has not been filed. Hence, we dismiss the appeal for non prosecution.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB