In a significant ruling that underscores the importance of legal timelines, the Karnataka High Court has dismissed a long-pending petition filed by the state revenue department concerning a decades-old land dispute in Bengaluru.
Court Rejects Delayed Government Petition
Justice R Devdas dismissed the 2018 writ petition that challenged a Bengaluru South taluk land tribunal order dating back to December 27, 1980. The case involved 11 acres and 20 guntas of land in Pattandur Agrahara, KR Pura hobli, with the court finding the petition barred by limitation.
The judge carefully examined all materials on record and determined that no exception could be applied to the state government regarding the limitation period. The ruling emphasized that the law of limitation applies equally to the government as it does to ordinary citizens.
Four-Decade Legal Battle
The original land tribunal had ordered the re-grant of the property to HB Munivenkatappa, effectively returning the land to its rightful owner after it had been resumed by the government for a period. The state government, however, contested this decision, claiming the land constituted a lakebed that had been encroached upon and alleging document tampering.
The Namma Whitefield Residents Welfare Association Federation had supported the government's position in the case, adding to the complexity of the long-running dispute.
Critical Delay Proves Fatal for Case
The High Court noted a substantial delay of nearly 20 years in filing the writ petition from the date of the lower appellate court's judgment on December 17, 2008. Justice Devdas made a crucial observation that entertaining such a delayed petition would essentially give the state government a second chance to re-agitate the same issue.
"If this writ petition is entertained, it will amount to affording a second chance to the petitioner-state and its authorities to re-agitate the same issue. As reiterated again and again, the law of limitation is applicable to the state like any other person, and no exception can be carved out for the state," the judge noted in the ruling.
Historical Land Transactions Examined
The court's examination revealed a detailed history of land transactions dating back nearly a century. The first sale deed occurred on November 10, 1927, when Thimmaiah purchased the property. Later, on November 7, 1947, Armugam Pillai Thyagarajan acquired other portions of the land.
Justice Devdas pointed out that revenue entries had consistently been made in favor of these purchasers, and at no point did revenue authorities or the state question these transactions or records on the grounds that the land formed part of a tank bed.
The lower appellate court had also found that survey sketches from 1958 did not record the land as a water tank. Furthermore, the land tribunal had recorded that survey records showed no indication of a water tank or tank bed existence from 1920 onward.
This ruling serves as an important reminder that legal timelines must be respected by all parties, including government entities, and brings closure to a property dispute that has spanned multiple generations.
