SRI RAJANNA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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WP No. 20570 of 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 20570 OF 2025 (LR)
BETWEEN:
1. SRI. RAJANNA,
S/O MUNIYAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.1,
MUNIGOWDA GARDEN,
BEHIND MUNESHWARA TEMPLE,
NEELASANDRA, BENGALURU SOUTH,
BENGALURU - 560 047.
REPRESENTED BY POA
SMT. SUMATHI J.
2. SRI. TAYAPPA,
S/O C. MUNIYAPPA,
AGED ABOUT 74 YEARS,
RESIDING AT NO.149,
3RD MAIN, 4TH CROSS,
JAKKASANDRA VILLAGE,
BENGALURU - 560 034.
DULY REPRESENTED BY THEIR
POWER OF ATTORNEY HOLDER
SMT. SUMATHI J.
…PETITIONERS
Digitally signed by
CHAYA S A
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. K.R.POORNA PRASAD., ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
(MUJARAI AND BHUMI, UPOR),
M.S.BUILDING,
DR. AMBEDKAR VEEDI,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
BANGALORE DISTRICT,
D.C.OFFICE COMPLEX,
KANDAYA BHAVAN,
GROUND FLOOR, K.G.ROAD,
BENGALURU - 560 09.
3.
THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB DIVISION,
KANDAYA BHAVAN, 2ND FLOOR,
K G ROAD,
BENGALURU - 560 009.
4. THE TAHSILDAR,
BANGALORE NORTH TALUK,
D.C.OFFICE COMPLEX,
KANDAYA BHAVANA,
BENGALURU - 560 009.
5. THE COMMISSIONER,
HINDU RELIGIOUS INSTITUTION
AND CHARITABLE ENDOWMENT
KARNATAKA STATE, 2 AND 3 FLOOR,
MAHADESHWARA,
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VRUTHA BHAVAN,
VENKATARAO ROAD,
CHAMARAJPET,
BENGALURU - 560 018.
6.
THE COMMISSIONER,
BRUHATH BENGALURU
MAHANAGARA PALIKE,
N.R.SQUARE, BBMP,
BENGALURU - 560 001.
7. THE CONVENOR,
SRI DHARMARAYASWAMY TEMPLE,
ULSOORPET,
BENGALURU CITY.
SRI DHARMARAYASWAMY
TEMPLE MAIN ROAD,
OTC ROAD,
BANGALORE - 560 009.
8. SRI. JEEVAN PRAKASH,
S/O LOKESH,
AGED ABOUT 38 YEARS,
RESIDING AT NO.1,
MUNIGOWDA GARDEN,
BEHIND MUNESHWARA TEMPLE,
NEELASANDRA,
BENGALURU - 560 047.
9. SMT. MAMATHA,
W/O HARISH,
AGED ABOUT 40 YEARS,
RESIDING AT NO.182,
3RD CROSS,
LALBAGH SIDDAPURA,
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MUNIVEERAIAH NURSERY,
JAYANAGAR 1ST BLOCK,
BENGALURU SOUTH,
JAYANAGAR 3RD BLOCK,
BENGALURU - 560 011.
…RESPONDENTS
(BY SMT.SHARADHA H.V., AGA FOR R1 TO R5;
SRI.N.R.JAGADEESWARA, ADVOCATE FOR R6;
SRI.HARISHCHANDRA MOVVAR, ADVOCATE FOR R7;
SRI.N.R.NAIK, ADVOCATE FOR R8 AND R9)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER
OR DIRECTION IN THE NATURE OF WRIT SPECIFICALLY IN THE
NATURE OF WRIT OF CERTIORARI DECLARING THAT THE
ORDER DATED 10-07-1964 PASSED BY THE R2 SPECIAL
DEPUTY COMMISSIONER AS VOID, NON-EST, NULL VOID, AND
VITIATED WITH JURISDICTIONAL ERROR AND ALL ITS
SUBSEQUENT PROCEEDINGS THEREOF AND MARKED AS
ANNEXURE G AND FURTHER DIRECTING THE RESPONDENTS
NO.1 TO 7 TO TAKE NECESSARY STEPS TO PUT THE
PETITIONERS AS ABSOLUTE OWNERS BY ISSUING OF A WRIT
OF MANDAMUS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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ORAL ORDER
In this writ petition, petitioner is assailing the order
dated 10.07.1964 in Case No.12, 2459, 5, 1, 3, 4, 7 &
20/1959-60 passed by the Special Deputy Commissioner
(Annexure-G).
2. It is contended by learned counsel appearing
for the petitioner by referring to the impugned order dated
10.07.1964 at Annexure-G and has referred to the fact
that the land in question was not an Inam land and
therefore, submitted that the impugned order at
Annexure-G requires to be set aside in this writ petition.
3. Per contra, Sri Harischandra Movvar, learned
counsel appearing for respondent No.7 submitted that
there is a delay of 61 years in challenging the impugned
order dated 10.07.1964 and learned counsel further
contended that the very same order was challenged before
the competent authority in Appeal Case No.513, 514 and
515/1965, and same was dismissed and confirmed by
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Division Bench of this Court and reached finality and
therefore, learned counsel for the respondent contended
that the writ petition deserves to be dismissed.
3. Learned Additional Government Advocate
Smt.Sharadha H.V., submitted that there is a delay of
more than 6 decades, accordingly, sought for dismissal of
the writ petition.
4. In the light of the submissions made by the
learned counsel appearing for the parties and on careful
consideration of the writ papers would indicate that
petitioners have sought for declaration that the order
dated 10.07.1964 passed by the competent authority at
Annexure-G is null and void on the ground that the land in
question is not an Inam land. In this regard, it is not in
dispute that there is a delay of 61 years in challenging the
impugned order at Annexure-G by the petitioner and the
averments made in the writ petition would not satisfy the
Court that the petitioners were diligent and as there is an
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inordinate delay of more than 6 decades and therefore,
following the declaration of law held by Hon'ble Supreme
Court in the case of Mrinmoy Maity V. Chhanda Koley
and others reported in 2024 SCC Online SC 551 , I am
of view that no interference is called for in this writ
petition.
5. That apart, taking into consideration that the
very same order has been challenged before the appellate
authority in Appeal Case No. 513, 514 and 515/1965,
which reached finality, I am of the view that, no
interference is called for, in this writ petition.
Accordingly, writ petition is dismissed on the ground
of delay and laches.
Sd/-
(E.S.INDIRESH)
JUDGE
PSJ
List No.: 1 Sl No.: 11