Karnataka HC Dismisses Challenge to 1964 Land Order After 61 Years, Citing Prior Appeal’s Finality

The petitioners challenged a 10 July 1964 order of the Special Deputy Commissioner concerning land they claimed was not Inam land, seeking to have that order declared void and to be recognised as absolute owners

Respondent No. 7 contended that the challenge was brought after 61 years and that the same order had previously been challenged in Appeal Cases Nos. 513, 514 and 515 of 1965, dismissed and confirmed by a Division Bench of the High Court

The State also opposed the petition on the ground of delay

In exercising jurisdiction under Articles 226 and 227 of the Constitution, the High Court may decline relief where a petitioner has not acted diligently and the challenge is brought after an inordinate delay.

The Court relied on Mrinmoy Maity v. Chhanda Koley and Others, 2024 SCC OnLine SC 551, in applying the principle governing delay and laches

It also treated the prior appellate challenge and the resulting finality of the 1964 order as a further reason not to interfere

The petitioners sought to invalidate the 1964 order on the ground that the land was not Inam land, but the Court did not determine that substantive claim.

It found that the petition had been brought after 61 years and that the pleadings did not establish that the petitioners had acted diligently or otherwise satisfactorily explain the delay

The Court further noted that the same order had been challenged in the earlier appeals and had reached finality, providing an additional ground to refuse interference

It also relied on the prior appellate proceedings and the order’s having reached finality