Karnataka High Court
The State Of Karnataka vs Smt Gulabi B Shetty on 22 April, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2025:KHC:16646
WP No. 10829 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 10829 OF 2025 (KLR-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
BY SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT
M.S. BUILDING, DR. AMBEDKAR ROAD
BENGALURU 560 001.
2. THE DEPUTY COMMISSINOER
DAKSHINA KANNADA DISTRICT
MANGALURU
D.K. DISTRICT - 574 001.
NOW AT PRESENT
UDUPI DISTRICT - 576 104.
...PETITIONERS
Digitally
signed by
KIRAN (BY SRI. KIRAN V. RON, AAG A/W
KUMAR R
Location:
SRI. V. SHIVAREDDY, AGA)
HIGH
COURT OF
KARNATAKA AND:
1. SMT. GULABI B. SHETTY
W/O. LATE B.B. SHETTY
AGED ABOUT 102 YEARS
RESIDENT OF NITTE VILLAGE
KARKALA TALUK
DAKSHINA KANNADA DISTRICT.
2. DR. K.P. DIWAKAR SHETTY
S/O LATE B.B. SHETTY
-2-
NC: 2025:KHC:16646
WP No. 10829 of 2025
MAJOR
VATSALLYA RAMARAO COMPOUND
SHIVABAGH KADRI, MANGALURU - 574 002.
3. JAGAJEEVANA SHETTY
S/O LATE B.B. SHETTY
MAJOR
RESIDENT OF NITTE VILLAGE
KARKALA TALUK
DAKSHINA KANNADA DISTRICT.
4. DR. SHUBHALATHA SHETTY
D/O LATE B.B. SHETTY
MAJOR
RESIDENT OF NITTE VILLAGE
KARKALA TALUK
DAKSHINA KANNADA DISTRICT.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS, QUASH THE ORDER DATED 08.03.1993 PASSED BY
THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.
314/1992 AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The State has filed this writ petition challenging the order passed by the Karnataka Appellate Tribunal ("the Tribunal") on 08.03.1993. To put it -3- NC: 2025:KHC:16646 WP No. 10829 of 2025 differently, an order passed 32 years ago is sought to be challenged by the State.
2. The reasons for the delay are stated in paragraph 23 of the writ petition, which read as under:
" 23. It is submitted that pursuant to the order passed by the Karnataka Appellate Tribunal there were several writ petitions filed before this Hon'ble Court. It is submitted that due to the administrative changes, the issue remained unattended. Thus, decisions have not been taken to challenge the same. On realization of the same, steps were immediately undertaken to file the present writ petition. It is submitted that if the impugned order is allowed to stand, it will result in the State Government losing valuable public land. Additionally, it will cause irreparable loss to the state exchequer and would adversely affect the general public. Moreover, the said order is likely to set an unfavorable precedent, which may have far reaching consequences on similar matters. Moreover, the instant case raises substantial legal and factual issues that require due consideration by this Hon'ble Court. Therefore, the delay being due to bonafide reasons, the delay caused in questioning the impugned order dated 08.03.1993 may kindly be condoned keeping in view the larger public interest of the State in mind."-4-
NC: 2025:KHC:16646 WP No. 10829 of 2025
3. As could be seen from the averments made in paragraph 23, the State does not dispute the fact that it was aware of the order passed by the Tribunal. The fact that the State admits that there were several writ petitions which were filed in this regard itself indicates that they were aware of the order of the Tribunal passed in the year 1993 and yet they did not choose to take any action to challenge the order.
4. In my view, this inordinate delay of 32 years disentitles the State from challenging the order of the Tribunal. Consequently, I find no reason to entertain this writ petition. The writ petition is therefore dismissed.
Sd/-
(N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 56