Claims for land acquisition compensation filed after an unexplained delay of over seven decades, where the land has been continuously and openly used for public purposes, are barred by delay and laches and cannot be reopened based on vague allegations of ignorance.

BETWEEN:

1. SRI HANUMANTHA RAO GAIKWAD,

S/O. PANDURANGA GAIKWAD,

AGED ABOUT 67 YEARS,

RESIDING AT:

SRI GULLAMMA TEMPLE BEEDHI,

RANGAPPA CIRCLE,

BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

2. SRI. RAMACHANDRA RAO GAIKWAD,

S/O. PANDURANGA GAIKWAD,

AGED ABOUT 64 YEARS,

RESIDING AT:

SRI GULLAMMA TEMPLE BEEDHI,

RANGAPPA CIRCLE,

BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

3. SRI. DAULATH RAO GAIKWAD

S/O. PANDURANGA GAIKWAD,

AGED ABOUT 60 YEARS,

RESIDING AT:

SRI GULLAMMA TEMPLE BEEDHI,

RANGAPPA CIRCLE,

BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

4. SMT. RATNABAI PAWAR,

D/O. PANDURANGA GAIKWAD,

AGED ABOUT 74 YEARS,

RESIDING AT:

SRI GULLAMMA TEMPLE BEEDHI,

RANGAPPA CIRCLE,

BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

5. SMT. JIJABAI KADAM

D/O. PANDURANGA GAIKWAD,

AGED ABOUT 62 YEARS,

RESIDING AT:

SRI GULLAMMA TEMPLE BEEDHI,

RANGAPPA CIRCLE,

BHADRAVATHI,

SHIVAMOGGA DISTRICT - 577 301.

…APPELLANTS

(BY SRI. BHARAT S RAO., ADVOCATE)

AND:

1. STATE OF KARNATAKA,

REPRESENTED BY

ITS PRINCIPAL SECRETARY

TO REVENUE DEPARTMENT,

M.S. BUILDING,

BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER,

SHIVAMOGGA DISTRICT,

SHIVAMOGGA - 577 201.

3. SUPERINTENDENT OF POLICE,

OPP: MCGANN HOSPITAL,

SAGAR ROAD,

SHIVAMOGGA - 577 201.

4. CHIEF EXECUTIVE OFFICER,

ZILLA PANCHAYATH,

KUVEMPU ROAD,

SHIVAMOGGA - 577 201.

5. EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT,

BALRAJ URS ROAD,

SHIVAMOGGA - 577 201.

6. DEPUTY DIRECTOR OF FISHERIES,

CHENNAGIRI ROAD,

RANGAPPA CIRCLE,

BHADRAVATHI - 577 301.

(NO DIRECT RELIEF IS CLAIMED

AGAINST R3 TO R6)

…RESPONDENTS

(BY SRI. M.N. SUDEV HEGDE, AGA FOR

R1, R2, R3 AND R5, R6)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:20.02.2025 IN W.P.NO.18492/2024 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE PETITIONER AS PRAYED FOR AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

This intra Court appeal is filed under Section 4 of Karnataka High Court Act, 1961 by the unsuccessful petitioners, challenging the order dated 20.02.2025 passed by the writ Court in WP.No.18492/2024, whereby the writ Court dismissed the writ petition.

2. The parties are referred to as per their ranking before the Writ Court.

3. It is the case of the petitioners that land in Sy.No.214/21A1 measuring 3 acres and 23 guntas and land in Sy.No.214/1/B measuring 11 guntas situated at Bhadravathi, Kasaba Hobli, Shivamogga District are belonging to their father and the same has been purchased by him under the Sale Deed for valuable consideration.

4. During the year 2005-2006, the petitioners gained knowledge that the Government offices and Courts are functioning in the buildings that have been constructed on the land belonged to his family i.e., in the aforesaid survey numbers. On further investigation, the petitioners learnt that the said lands were purportedly acquired and compensation said to have been paid to the father of the appellants in the year 1943. However, in the Gazette notification vide Annexure-E dated 16.03.1948, the name of the father of the appellants, i.e., Panduranga Gaikwad is shown as Kathedar. In the year 2015, the petitioners approached this Court in WP.No.47624/2025 seeking a direction to the respondent-authority to initiate acquisition proceedings in respect of