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 WRIT PETITION NO.8723/2018 (LR-RES) BETWEEN:
1. SMT. YESHODAMMA W/O LATE K.NARAYANASWAMY AGED ABOUT 72 YEARS 2. SRI PRASANNA S/O LATE K.NARAYANASWAMY AGED ABOUT 51 YEARS 3. SRI GOVINDARAJU S/O LATE K.NARAYANASWAMY AGED ABOUT 48 YEARS 4. SRI MURALIDHAR S/O LATE K.NARAYANASWAMY AGED ABOUT 45 YEARS 5. SRI NAGARAJU S/O LATE K.NARAYANASWAMY AGED ABOUT 39 YEARS ALL ARE RESIDING AT KEMPAGONDANAHALLI VILLAGE THIPPAGONDAHALLI POST TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU DISTRICT-562 130.
…PETITIONERS (BY SMT.Y.K.DEEPA, ADVOCATE FOR SRI B.R.SRINIVASA GOWDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS REVENUE SECRETARY M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001.
2. THE LAND TRIBUNAL MAGADI TALUK BENGALURU DISTRICT-562 120. BY ITS SECRETARY.
3. SHRI ANJNEYA DEVARU HULUVENAHALLI VILLAGE TAVAREKHERE HOBLI & POST MAGADI TALUK BENGALURU DISTRICT-562 130. BY ITS MANAGING TRUSTEE …RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LAND TRIBUNAL IN CASE NO.LRF INA (K) 5/1983-84 DATED 30.09.1994 VIDE ANNEX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned HCGP accepts notice on behalf of respondent Nos.1 and 2 and he is permitted to file memo of appearance within two weeks from today.
2. The petitioners herein are claiming to be the legal heirs of one Late K.Narayanaswamy, who was said to be the Archak of the third respondent – Temple which owned land bearing Sy.No.86, Huluvenhalli Village, Tavarekere Hobli and Post, Magadi Taluk, Bengaluru.
3. The petitioner No.2 to 5 would state that Late K.Narayanaswamy had filed an application seeking occupancy rights under the provisions of Inam Abolition Act on 21.11.1983 and the same came to be rejected on 30.09.1994. In the meanwhile, it is stated that the applicant – K.Narayanswamy died on 02.10.1993. There is nothing on record to show as to when his legal representatives came to know about the said order of rejection of the claim of Late K.Narayanaswamy in the proceedings bearing No.LRF (INA (K) 5/1983-84, which was dismissed by order dated 30.09.1994. It is the said order which is challenged in this writ petition, nearly after 25 years.
4. Heard the learned counsel for parties. Perused the order impugned and grounds urged. It is seen that no grounds are made out to explain the inordinate delay of 25 years in challenging the order impugned. In that view of the matter, this Court finds no justifiable grounds are made to consider the present writ petition filed seeking quashing of the order impugned. Accordingly, this writ petition is dismissed basically on the ground of delay and latches.
Sd/- JUDGE VMB