HC dismisses 54-yr-old land dispute case citing delay in filing

S Shyam Prasad | NT

Bengaluru: Citing the “inordinate delay” of 54 years, the Karnataka High Court dismissed a petition challenging the grant of land. The land in question was granted in 1962 but the petition challenging it was filed in the year 2016. The High Court gave its judgement on it recently.

The petition was filed by one T Narasimhaiah challenging the Special Deputy Commissioner for Inam lands granting 3 acres and 24 guntas of land to one Thimmaiah on November 8, 1962. Narasimhaiah’s father Thammaiah s/o Narasaiah had made a request to the Commissioner for granting of the said land in 1959.

Another person, Thimmaiah s/o Narasegowda had also made a request for granting of the same land the same year. After conducting a proceeding, the Special Deputy Commissioner allotted the land to Thimmaiah s/o Narasegowda in 1962. Narasimhaiah filed a petition in 2016 challenging the granting of the land.

Narasimhaiah claimed that his father was cultivating the said land but it was allotted to the other claimant. It was also submitted that the other claimant had not submitted the request in the proper format required by law. The High Court cited earlier judgments of the HC and Supreme Court and said inordinate delays cannot be excused.

“On careful reading of the ratio of the Coordinate Bench of this Court and also the ratio as observed in the dictum of the Hon’ble Supreme Court about the delay and latches is aptly applicable to the case on hand. No doubt, the delay and latches certainly defeats the right of the parties,” Justice S Rachaiah said in his recent judgment.

Dismissing the petition, the Court said, “Admittedly, in the present case, the order passed by the second respondent in granting the land bearing Sy.No.105 measuring 3 acres 24 guntas situated at Kenchapura village in favour of Thimmaiah was on 09.11.1962.

However, the present writ petition has been filed seeking relief of setting aside the order passed by the second respondent in respect of Sy.no.105 measuring 3 acres 24 guntas in the year 2016, i.e., after a lapse of 54 years which clearly indicates that there is inordinate delay in approaching this Court seeking the relief of setting aside the order of the year 1962. Therefore, the writ petition deserves to be dismissed on the ground of delay and latches.”