High CourtsDIVISION BENCH(2017) 05 KAR CK 0033

SMT MEENAKSHAMMA P R W/O KEERTHIRAJ vs STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, & ORS.

Karnataka High Court · Decided on 31 May 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
889 of 2015 (LB-RES)

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Judgment

7 paragraphs · 174 words
1.

The appeal is barred by limitation. There is a delay of 68 days. An application, being I.A. No.I of 2016, is filed seeking condonation of such delay.

2.

On the prayer of Mr.P.Mahesha, learned advocate for the appellant, we take up this matter for preliminary hearing on merits.

3.

A plot of land was allotted to the writ petitioner- appellant. He has made certain payments, but admittedly, he did not make the full payment as stated in the order of allotment. Some reminders were issued. Nevertheless, the balance payment was not made.

4.

Consequently, the Mysuru Urban Development Authority, on June 19, 2003, cancelled the allotment. The writ petitioner rose from his slumber and filed this writ petition on January 4, 2013.

5.

The Hon''ble Single Judge rightly dismissed the writ petition on the ground of delay and laches. We do not find any merit in the appeal.

6.

Therefore, the application seeking for condonation of delay is dismissed. Consequently, the appeal is, also, dismissed.

7.

We make no order as to costs.