CHANDAMMA Vs. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE AND OTHERS

JUDGEMENT

(1.) THE order dated 20.11.2008 is recalled by taking lenient view of the matter after accepting the explanation offered. Heard the appeal on merits. We do not find any ground to interfere in the order passed by the learned Single Judge. The appellant herein had approached this Court by filing Writ Petition No. 306/2007 questioning the order of the Land Tribunal dated 17.6.1976, which means that the writ petitioner/appellant herein had approached this Court after the lapse of 31 years. The learned Single Judge having come to the conclusion, that, the delay is not properly explained rightly dismissed the writ petition.

(2.) IT is relevant to note that the order dated 17.6.1976 was not questioned during the life time of the beneficiary of the order. The writ petition came to be filed questioning the order dated 17.6.1976 impleading the persons of the next generation, after the lapse of 31 years. The learned Single Judge is justified in dismissing the writ petition on the ground of delay and laches since the exhorbitant delay of 31 years could not have been condoned under the facts and circumstances of the case. Since the order of the learned Single Judge is just and proper, no interference is called for. Appeal fails and the same stands dismissed.