Karnataka High Court
S.M. Kamaluddin Hussain Khan S/O Late ... vs The State Of Karnataka And Ors on 4 March, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 200208 OF 2016 (LA-RES)
BETWEEN:
S.M. KAMALUDDIN HUSSAIN KHAN
S/O LATE NAWAB S.M JAMALUDDIN
AGED ABOUT 68 YEARS,
OCC: PANCHE MAHAL,
PEERPASHA BANGLOW
BASAVAKALYAN
DIST:BIDAR.
...PETITIONER
(BY SRI. GANESH S. KALBURGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed REPRESENTED BY ITS PRL. SECRETARY
by SHILPA R DEPARTMENT OF REVENUE,
TENIHALLI
M.S.BUILDING
Location: High
Court Of DR.AMBEDKAR ROAD,
Karnataka BANGALORE-560001.
2. THE DEPUTY COMMISSIONER
BIDAR.
3. THE ASSISTANT COMMISSIONER
BIDAR & LAND ACQUISITION OFFICER,
BASAVAKALYAN,
BIDAR.
DIST: BIDAR
S.M. SHAH KHAIRUDDIN HUSSIAN KHAN
-2-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
S/O S.M. MEHDI HUSSAIN KHAN (DIED HIS LRS)
4. AMINABEGUM @ SHAMINA BEGUM
W/O NAWAB S.M. SHAH KHAIRUDDIN HUSSAIN
KHAN,
AGED ABOUT 75 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O BASAVAKALYAN, NOW AT H.NO. 23.01.904,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA HYDERABAD.
MAHOMMODUNNISSA BEGUM D/O
S.M. MEHDI HUSSAIN KHAN (DIED HER LRS)
MOHAMMED SAIFULLAH
S/O MAHAMMODUNISSA BEGUM (DIED LRS)
5. FAMIDA SHEHNAZ W/O MOHD SAIFULLAH
SALEEM,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O H.NO. 23.01.954,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA, HYDERABAD.
6. MOHD SUHAILULLAH
S/O MOHD SAIFULLAH SALEEM,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE AND STUDENT,
R/O H.NO. 23.01.954,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA, HYDERABAD.
7. SHAZIYA MOHAMMED
W/O MD. SHABIR
TAHER D/O MOHD. SAIFULLAH SALEEM,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O H.NO. 23.01.954,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA, HYDERABAD.
-3-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
8. SHIRIN MD. SALEEM W/O ANEESOOL
HUSSAIN D/O MOHD. SAIFULLAN SALEEM,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
9. MOHD. JAVEEDULLAH S/O MAHMOODUNISSA BEGUM
AGED ABOUT 54 YEARS, OCC: BUSINESS,
10. MOHD. AIJAZ ALI S/O MOHMOODUNISSA BEGUM,
AGED ABOUT 52 YEARS, OCC: BUSINESS,
11. KANEEZ FATIMA D/O MAHAMODUNNISSA BEGUM
AGED ABOUT 40 YEARS,
OCC: HOUSEHOLD,
ALL R/O H.NO. 23.01.954,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA, HYDERABAD.
12. FEERANA BASHARATH D/O MAHMOODUNISSA
BEGUM,
AGE: 38 YEARS, OCC: HOUSEHOLD,
ALL R/O H.NO. 23.01.954,
INSIDE DEVIDI NAWAB SAHIB KALYANI,
MOGALPURA, HYDERABAD.
JAMALUNNISA BEGUM D/O S.M. MEHDI
HUSSAIN KHAN, (DIED LRS)
13. HABEEB MUBSHIR
S/O JAMALUNNISA BEGUM,
AGE: 36 YEARS, OCC: PRIVATE SERVICES
14. SYEDA SHABANA SALEEM
D/O JAMALUNNISA BEGUM,
AGE: 42 YEARS, OCC: HOUSEHOLD.
ASIF TANVEER S/O JAMALUNNISA BEGUM (DIED
LRS)
15. TABASSUM ASIF W/O ASIF TANVEER,
AGE: 46 YEARS, OCC: HOUSEHOLD,
-4-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
16. SARA FATIMA D/O ASIF TANVEER,
U/G OF HER MOTHER TABASSUM,
17. SABA FATIMA D/O ASIF TANVEER,
U/G OF HER MOTHER TABASSUM,
18. MUKARAMUNISA BEGUM D/O LATE
S.M. MEHDI HUSSAI KHAN,
AGE: 70 YEARS, OCC: HOUSEHOLD,
R/O BASAVAKALYAN, NOW RESIDING AT
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB
SAHIB KALYANI MOGALPURA,
HYDERABAD.
S.M. MUNAWAR HUSSAIN KHAN
S/O NAWAB S.M. BABAR HUSSAIN KHAN,
(DIED LRS)
19. ASMA FATIMA W/O NAWAB S.M. MUNAWAR
HUSSAIN KHAN, AGED ABOUT 65 YEARS,
OCC: AGRICULTURE, R/O BASAVAKALYAN,
NOW RESIDING AT HYDERABAD,
H.NO. 11-5-399, RED HILLS, HYDERABAD.
20. NAWAB SYED MOHD. MUZZMIL HUSSAIN
S/O NAWAB S.M. MUNAWAR HUSSAIN KHAN,
AGED ABOUT 42 YEARS, OCC: AGRICULTURE,
AND BUSINEES R/O BASAVAKALYAN.
21. SALMA FATIMA D/O NAWAB S.M. MUNAWAR
MUNAWAR HUSSAIN KHAN,
AGED ABOUT 27 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD
R/O BASAVAKALYAN NOW AT HYDERABAD,
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB
SAHIB KALYANI MOGALPURA,
HYDERABAD.
22. AYISHA FATIMA D/O NAWAB S.M.
MUNAWAR HUSSAIN KHAN
W/O MD. FARHANUDDIN,
AGED ABOUT 40 YEARS,
-5-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
OCC: AGRICULTURE AND HOUSEHOLD
R/O BASAVAKALYAN, NOW AT HYDERABAD,
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB SAHIB
KALYANI MOGALPURA,
HYDERABAD.
23. SYED MAIMUNA FATIMA
D/O NAWAB,
S.M. MUNAWAR HUSSAIN KHAN,
AGED ABOUT 38 YEARS,
OCC: AGRICULTURE,
AND HOUSE HOLD, NOW AT HYDERABAD,
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB SAHIB
KALYANI MOGALPURA,
HYDERABAD.
24. SYEDA MASARAT FATIMA D/O NAWAB S.M.
MUNAWAR HUSSAIN KHAN
AGED ABOUT 36 YEARS,
OCC: HOUSEHOLD NOW AT HYDERABAD
R/O BASAVAKALYAN, NOW RESIDING AT
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB
SAHIB KALYANI MOGALPURA,
HYDERABAD.
25. GHAZANFERUNNISA BEGUM D/O NAWAB
S.M. BABAR HUSSAIN KHAN,
AGE: 60 YEARS, OCC: HOUSEHOLD,
NOW AT HYDERABAD
R/O BASAVAKALYAN, NOW RESIDING AT
R/O H.N. 23-1-954, INSIDE DEVIDI NAWAB SAHIB
KALYANI MOGALPURA,
HYDERABAD.
...RESPONDENTS
(BY SRI. VEERANAGOUDA MALIPATIL HCGP, FOR R1 TO R3;
SRI. MEER MOHAMMED ALI, ADVOCATE FOR R4 TO R21,
R23 AND R24,
R22 IS SERVED
V/O DATED 20/01/2020 PETITION STANDS ABATED
AS AGAINST R-25)
-6-
NC: 2024:KHC-K:1923
WP No. 200208 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT MORE SO IN THE NATURE OF CERTIORARI
AND GRANT ANY OTHER APPROPRIATE WRIT IN THE
FOLLOWING TERMS QUASH THE JUDGMENT AND ORDER
DATED 09.11.2015 PASSED IN R.A.NO- 12/2013 ON THE FILE
OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR,
SITTING AT BASAVAKALAYAN, THE CERTIFIED COPY OF WHICH
IS AT ANNEXURE-C. QUASH THE JUDGMENT AND ORDER
DATED 17.11.2012 PASSED IN LAC NO- 83/1997 ON THE FILE
OF THE CIVIL JUDGE (SENIOR DIVISION), BASAVAKALAYAN,
THE CERTIFIED COPY OF WHICH IS AT ANNEXURE-A .
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Interlocutory application filed to bring the legal representatives of third petitioner is without having proper details, inasmuch as address in respect of the proposed legal representatives of third petitioner is not mentioned.
2. The application is filed belatedly and there is a delay in filing the application to bring the legal representatives, -7- NC: 2024:KHC-K:1923 WP No. 200208 of 2016 so also original power of attorney is not filed along with the vakalath.
Accordingly, interlocutory application is dismissed. Consequently, writ petition also dismissed as abated.
Sd/-
JUDGE MR CT:SI List No.: 1 Sl No.: 4