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2025 Supreme(Online)(KAR) 3432

HIGH COURT OF KARNATAKA
MR JUSTICE V KAMESWAR RAO, MR JUSTICE T.M.NADAF, JJ
SMT. RATHNAMMA @ MUNIRATHNAMMA – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent


Petitioner Advocates:NARASIMHA PRASAD S D ,Respondent Advocate:

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

This appeal lays a challenge to the order dated 13.08.2021 in Writ Petition No.7645/2020 whereby, the learned Single Judge has dismissed the writ petition filed by the appellants by stating in paragraph No.4 as under:-

“4. It is found from the records that the application was filed by the petitioners who claim to be the legal heirs of the original grantee. Therefore, when this court sought for explanation for delay in filing the application, the learned counsel for the petitioners submitted that the petitioners were not aware of the transaction, and no sooner they became aware of the transaction, they approached the Assistant Commissioner. This explanation cannot be accepted since what has been held by the Hon’ble Supreme Court is that the aggrieved person should approach the Assistant Commissioner within reasonable time. As could be seen from the records the 1st petitioner is aged about 60 years and therefore even as on 01.01.1979 the 1st petitioner was major by age. Therefore, no plausible explanation could be offered at the hands of the petitioner for the inordinate delay.”

2. Suffice to state the challenge of the appellants bef

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