IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA CP.KLRA NO.4/2016 BETWEEN:
YERRAPPA SINCE DECEASED BY HIS LRS 1. SRI. Y. NARAYANASWAMY S/O. LATE YERRAPPA AGED ABOUT 55 YEARS 2. SRI. Y. SRINIVAS S/O. LATE DODDA MUNIYAPPA AGED ABOUT 35 YEARS.
BOTH ARE R/AT POOJARAMANAHALLI VILLAGE JADEGENAHALLI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT.
...PETITIONERS (BY SRI. V. VISWANATHA SETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY IT COMMISSIONER & SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001.
2. THE LAND TRIBUNAL HOSKOTE TALUK HOSKOTE BENGALURU DISTRICT.
3. THAVAREKERE CHATRM INAM LAND REP. BY THE TAHSILDAR HOSKOTE TALUK BENGALURU DISTRICT.
...RESPONDENTS (BY SRI. B.S.BUDIHAL, HCGP) THIS CIVIL PETITION IS FILED UNDER SECTION 17 OF THE LAND REFORMS (AMENDMENT) ACT, 18 OF 1990 PRAYING TO CALL FOR THE RECORDS IN LRA NO.19/1990 (OLD NO.LRA.980/86), REGISTERED BY THE DISTRICT LAND REFORMS AUTHORITY, BENGALURU, IN PURSUACE OF ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.18217-220/1983 PERTAINING TO LRF.J.907, 1836/74-75, 210, 194, 15, 192, 193/79-80 AGAINST THE ORDER OF REJECTION DT.7.5.1982 BE PLEASE TO ORDER FOR TRANSFERING THE ABOVE PROCEEDINGS WHICH WAS PENDING AT THE RELEVANT TIME AT APPELLATE AUTHORITY AND THEREAFTER REGISTERING THE SAME AS A WRIT PETITION AND THE SAME BE DECIDED ON MERITS IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner Nos.1 to 3 are the legal heirs of one Yerrappa. The said Yerrappa along with other persons by name Marisonnappa, Doddamuniyappa and Thimmaiah were the applicants before the second respondent – Land Tribunal in Case No.LRF.J.907, 1836/74-75, 210, 194, 15, 192, 193/79-80. Admittedly all their applications came to be rejected by order dated 07.05.1982. The said order of rejection insofar as Dodda Muniyappa, Marisonnappa and Yerrappa was concerned, was subject matter in W.P.Nos.18217-20/1983 before this Court, where a Co-ordinate Bench disposed of the aforesaid writ petitions by its order dated 28.07.1986 by relegating the petitioners to the Land Reforms Appellate Authority with a direction to the Tribunal to treat the writ petitions as appeal presented before it. Subsequently, the petitioners are not aware as to what is the stage of the appeals or what happened to the appeals which were preferred by their father – Yerrappa and others who were parties in the aforesaid batch of writ petitions. However, it is nearly after 25 years, the present petition is filed.
2. The present Civil Petition is filed on 01.07.2016. Though the application which is filed seeking condonation of delay would indicate that there is a delay of 9275 days, which works out to 25 years 4 months, when the date of order passed in the writ petitions is seen with reference to the date of filing of present civil petition, this petition is filed exactly 30 years after the writ petition is disposed of. Further, no reasons are assigned for not taking necessary steps for nearly 30 years from the date of disposal of the writ petitions filed by the petitioners.
3. In that view of the matter, the present civil petition cannot be taken up for consideration by condoning the inordinate delay of nearly 30 years, where no reasons are assigned for disturbing the settled possession of various persons as owners of lands based on the order passed by the Land Tribunal and also Land Reforms Appellate Authority.
4. In that view of the matter, the application filed in I.A.No.1/2016 seeking condonation of delay of 9275 days in filing the petition is hereby rejected as the same does not merit consideration. Consequently, the Civil Petition is also dismissed.
Sd/- JUDGE VMB