Case Note & Summary
The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging two orders passed under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act). The first order was dated 04.07.2005 passed by the Assistant Commissioner, Chikkaballapur Sub-Division (respondent No.3), and the second order was dated 07.05.2014 passed by the Deputy Commissioner, Chikkaballapur District (respondent No.2). The petitioners sought quashing of these orders. The private respondents (respondents No.4 to 7) raised a preliminary objection that the writ petition was filed after a delay of more than four years from the date of the last impugned order (07.05.2014) and therefore should be dismissed on the ground of delay and laches. The petitioners did not provide any explanation for the delay. The court, after hearing the counsel for the petitioners and the respondents, considered the preliminary objection. The court noted that the writ petition was filed in 2019, while the last impugned order was passed in 2014, and the earlier order was in 2005. The petitioners failed to offer any justification for the inordinate delay. The court held that the writ petition is liable to be dismissed solely on the ground of delay and laches. Consequently, the writ petition was dismissed. No order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Delay and Laches - Writ petition challenging orders under Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Petitioners challenged orders dated 04.07.2005 and 07.05.2014 but filed writ petition in 2019 - No explanation for delay of over four years - Held that writ petition is liable to be dismissed on ground of delay and laches (Paras 1-4).
Issue of Consideration
Whether the writ petition challenging orders passed in 2005 and 2014 under the PTCL Act should be dismissed on the ground of delay and laches.
Final Decision
The writ petition is dismissed on the ground of delay and laches. No order as to costs.
Law Points
- Delay and laches
- Limitation for writ petitions
- Unexplained delay
- Dismissal on ground of delay
Case Details
2021 LawText (KAR) (03) 22
Writ Petition No.6515 of 2019 (SC/ST)
Sri R P Somashekharaiah (for petitioners), Sri Arun K S (HCGP for R1 to R3), Sri K Ananda (for R4 to R7)
Sri K T Manjunath, Smt. Lakshmamma, Sri R.N. Manjunatha, Sri G.N. Prabhakara, Sri M.S. Sudhakara, Sri C.H. Sunil Kumar
State of Karnataka, Deputy Commissioner Chikkaballapur, Assistant Commissioner Chikkaballapur, Smt Savithramma, Sri R Jagannath, Smt Geethamma, Smt Rathnamma
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging orders passed under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
Remedy Sought
Petitioners sought quashing of order dated 04.07.2005 passed by Assistant Commissioner and order dated 07.05.2014 passed by Deputy Commissioner.
Filing Reason
Petitioners challenged the orders passed under the PTCL Act.
Previous Decisions
Assistant Commissioner passed order on 04.07.2005; Deputy Commissioner passed order on 07.05.2014.
Issues
Whether the writ petition should be dismissed on the ground of delay and laches.
Submissions/Arguments
Private respondents raised preliminary objection that writ petition is filed after delay of more than four years and is liable to be rejected on ground of delay and laches.
Petitioners did not offer any explanation for the delay.
Ratio Decidendi
A writ petition challenging orders passed under the PTCL Act filed after an unexplained delay of more than four years is liable to be dismissed on the ground of delay and laches.
Judgment Excerpts
Petitioners herein are before this Court calling in question the order dated 04.07.2005 passed by the Assistant Commissioner and the order dated 07.05.2014 passed by the Deputy Commissioner, under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
A preliminary objection is raised at the hands of the private respondents that this writ petition is filed after delay of more than four years and therefore the writ petition is liable to be rejected on the sole ground of delay and laches.
Procedural History
The Assistant Commissioner passed an order on 04.07.2005 under the PTCL Act. The Deputy Commissioner passed an order on 07.05.2014 in appeal. The petitioners filed the present writ petition in 2019 challenging both orders. The private respondents raised a preliminary objection regarding delay. The court heard the matter and dismissed the writ petition on 12.03.2021.
Acts & Sections
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978:
- Constitution of India: Articles 226, 227
