Sarubai vs. The Deputy Commissioner

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1729/2023

(Arising out of impugned final judgment and order dated 26-03-2021 in WP No. 206593/2015 passed by the High Court Of Karnataka At Kalaburagi)

SARUBAI & ORS. Petitioner(s)

VERSUS

THE DEPUTY COMMISSIONER & ORS. Respondent(s)

(IA No.53490/2023-CONDONATION OF DELAY IN FILING and IA No.53492/2023-EXEMPTION FROM FILING O.T. and IA No.53488/2023- CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS )

Date : 01-12-2023 This petition was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA
• For Petitioner(s) Mr. H. Chandra Sekhar, AOR Ms. Rekha Sekhar, Adv. Mr. Faeek Ul Farooq, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

1. Delay condoned.

2. Though, as per the office report some of the private respondents have not been served. We have heard learned counsel for the petitioners at a considerable length and perused the record.

3. It is a matter of record that the subject land was allotted to the predecessor(s) of the petitioners in the year 1970. He sold it to the respondent(s) on 10.09.1991. The petitioners chose to challenge the said alienation after more than 11 years. The High Digitally signed by Rajni Mukhi Date: 2023.12.02 14:11:36 IST Reason: Signature Not Verified

1

Court has, vide impugned order dated 26.03.2021, turned down the petitioners' challenge on account of inordinate delay. In this regard the High Court has relied upon various decisions of this Court. We see no legal infirmity in the impugned order. Special Leave Petition is, accordingly, dismissed.

4. Pending application(s), if any, stand disposed of.

(KAPIL TANDON) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)