Karnataka HC Rejects State, Housing Board Appeals Filed After Contempt, Leaving Order to Start Allotment Process for Four Yadgiri Homes Intact

The respondents had challenged a Karnataka Housing Board endorsement dated 6 February 2019 concerning four LIG houses, Nos. 16 to 19, at the Housing Colony, Yadgiri.

The learned Single Judge disposed of their writ petition by directing the Board to consider allotment of the houses under the applicable regulations, treating the respondents’ applications and initial deposits as applications under those regulations, and to commence the allotment procedure within two months.

The Housing Board and the State filed appeals against that order; the respondents also filed an appeal seeking further relief against the endorsement.

The respondents had filed a contempt petition on 24 August 2024, before the appeals were filed.

All appeals were accompanied by applications to condone delay.

Section 5 of the Limitation Act, 1963 permits condonation of delay where sufficient cause is shown.

Relying on Israr Ahmad Khan v. Amarnath Prasad (2026 SCC OnLine SC 322), the Court noted the Supreme Court’s disapproval of belated appeals filed after contempt proceedings have commenced, particularly where the filing is used to delay compliance with court orders.

It also relied on Chennai Metropolitan Water Supply and Sewerage Board v. T.T. Murali Babu ((2014) 4 SCC 108), which holds that courts must scrutinise the explanation for delay and that unexplained or inordinate delay may warrant refusal of relief.

The Court observed that the appeals were filed only after the respondents had initiated contempt proceedings and that the appellants had not established sufficient grounds for the delay.

Applying the principles in the cited Supreme Court decisions, it declined to condone the delay.

The Court therefore did not examine the parties’ substantive challenges to the Single Judge’s directions or the underlying endorsement.

Any other pending applications were disposed of.