Karnataka High Court
Shahnaz Begum vs The Regional Commissioner And Ors on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2208
WP No. 200806 of 2023
C/W WP No. 203864 of 2019
WP No. 225892 of 2020
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200806 OF 2023 (LB-RES)
C/W
WRIT PETITION NO. 203864 OF 2019 (LB-RES)
WRIT PETITION NO. 225892 OF 2020 (LB-RES)
WRIT PETITION NO. 200637 OF 2021 (LB-RES)
WRIT PETITION NO. 202964 OF 2022 (LB-RES)
IN WP No. 200806/2023:
BETWEEN:
1. YUNUS AHMED S/O MAHMOOD ALI,
AGE: 48 YEARS, OCC: AGRICULTURE,
Digitally signed
by SACHIN 2. MOHAMMED IFTEQAR S/O MAHMOOD ALI,
Location: HIGH AGE: 47 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA
BOTH ARE R/O.7-1202/38/13/CPID NO.2086,
KALABURAGI-585103.
...PETITIONERS
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE COMMISSIONER,
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
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NC: 2026:KHC-K:2208
WP No. 200806 of 2023
C/W WP No. 203864 of 2019
WP No. 225892 of 2020
HC-KAR AND 2 OTHERS
2. THE ZONAL COMMISSIONER,
ZONAL OFFICE NO.3 OF
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
3. REVENUE INSPECTOR OF
ZONAL OFFICE NO. 3 OF
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
4. KRISHANAJI
S/O LATE MANIKRAO PATIL,
AGE: 60 YEARS,
OCC: AGRICULTURE,
R/O KRISHNA KUTEER,
H NO.7-10-1101 COLONY,
ESHAWAR TEMPLE,
GUNJ COLONY,
KALABURAGI-585101.
5. VIDHAYAVATI
W/O VENKATRAO PATIL,
AGE: 62 YEARS,
OCC: HOUSE HOLD
AND AGRICULTURE,
R/O BAMBU BAZAR,
KALABURAGI-585101.
...RESPONDENTS
(BY SRI D.P. AMBEKAR, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
1. ISSUE A WRIT IN NATURE OF CERTIORARI AND QUASH THE
ORDER NO.KMP/HEARING/ZC-3/2016 DATED 11/10/2017
PASSED BY THE RESPONDENT NO.1 (IN RESPECT OF THE
PETITIONERS FATHER AT SL. NO.112) VIDE ANNEXURE-D.
2. ISSUE ANY OTHER DIRECTIONS AS THIS HON'BLE COURT
DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE.
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NC: 2026:KHC-K:2208
WP No. 200806 of 2023
C/W WP No. 203864 of 2019
WP No. 225892 of 2020
HC-KAR AND 2 OTHERS
IN WP NO. 203864/2019:
BETWEEN:
1. KRISHNAJI S/O LATE MANIKRAO PATIL,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURE,
R/O "KRISHNA KUTEER",
H. NO.7-10-1101/3,
BEHIND ESHWAR TEMPLE,
GUNJ COLONY, KALABURAGI,
DIST: KALABURAGI.
2. VIDYAWATI W/O VENKATRAO PATIL,
AGED ABOUT 62 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O BAMBU BAZAR, KALABURAGI,
DIST: KALABURAGI.
...PETITIONERS
(BY SRI PRASHANTH M. BIRADAR AND
SRI VENKATESH C. MALLABADI AND
SRI K.M. GHATE, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
THROUGH ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIKAS SOUDHA,
BENGALURU-560001.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
GOVERNMENT OF KARNATAKA,
M.S. BUILDING, BENGALURU-560001.
3. THE DEPUTY COMMISSIONER,
MINI VIDHANA SOUDHA, KALABURAGI,
DIST.KALABURAGI-585102.
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WP No. 200806 of 2023
C/W WP No. 203864 of 2019
WP No. 225892 of 2020
HC-KAR AND 2 OTHERS
4. THE COMMISSIONER,
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
5. THE ZONAL COMMISSIONER,
ZONAL OFFICE NO.3 OF
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
6. REVENUE INSPECTOR OF
ZONAL OFFICE NO.3 OF
KALABURAGI MAHANAGAR PALIKE,
KALABURAGI-585102.
7. SHAMEEM SULTANA W/O HARUN RASHEED,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O T-7-1202/28/C/1, PID NO.2499,
VAKKALGERA, KALABURAGI-585101.
8. NASREEN BEGUM W/O ANWAR HUSSAIN PATWEGAR,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O T-71202/37/C1/25 PID NO.89835,
VAKKALGERA, KALABURAGI-585101.
9. HASAN SAB S/O KHAJA BHAI NAGAN,
AGE: MAJOR, OCC: BUSINESS,
R/O PLOT NO. 20 SY.NO.14/4 OF NIZAMPUR,
KALABURAGI-585104.
10. HIMMAYAT ANSARI S/O SAHEB ANSARI,
AGE: MAJOR, OCC: BUSINESS,
R/O. T-7-1202/10/15/A, PID NO.87505,
VAKKALGERA KALABURAGI-585101.
11. SHABIR AHMED S/O ABDUL SALAM,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/19D, PID NO.1932,
VAKKALGERA, KALABURAGI-585101.
12. MOHD. ABDUL SALEEM
S/O MOHD. ABDUL SATTAR,
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C/W WP No. 203864 of 2019
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HC-KAR AND 2 OTHERS
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/9, PID NO.2854,
VAKKALGERA, KALABURAGI-585101.
13. SHAHBUDDIN S/O HUSSAIN SAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/52, PID NO.2119,
VAKKALGERA, KALABURAGI-585101.
14. MEHMOODA BEGUM W/O ABDUL KHADER,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/37, PID NO.2732,
VAKKALGERA, KALABURAGI-585101.
15. MOHD. ABDUL SALEEM
S/O MOHD. ABDUL JABBAR LATEEF KHAN,
AGE: MAJOR, OCC: BUSINESS,
R/O 5-40/1729A/1, PID NO.1272,
VAKKALGERA KALABURAGI-585101.
16. SMT. SALMA TABASSUM W/O BABU MIYAN,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/37/2/33, PID NO. 60928,
VAKKALGERA, KALABURAGI-585101.
17. SMT. FAHEMUNNISA BEGUM
W/O MUZAFFERUDDIN AHMED,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/53, PIC NO.2121,
VAKKALGERA, KALABURAGI-585101.
18. MOHD. JAVEED IQBAL S/O HAJISAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/53B, PID NO.81562,
VAKKALGERA, KALABURAGI-585101.
19. SIDDAMALLAPPA S/O MALLAPPA MODI,
AGE: MAJOR, OCC: BUSINESS,
R/O 9-486, PID NO.5071,
VAKKALGERA, KALABURAGI-585101.
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C/W WP No. 203864 of 2019
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HC-KAR AND 2 OTHERS
20. REHANA BEGUM W/O LADLE PATEL ALIAS BABA,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. 7-1202/37/2/23/1A, PID NO.102828,
VAKKALGERA, KALABURAGI-585101.
21. HAMEEDA BEGUM W/O NAZAEER AHMED QURESHI,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. 7-1202/37/B/2, PID NO.2065,
VAKKALGERA, KALABURAGI-585101.
22. BABU MASTAN ALI S/O ABDUL SALAM,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/19/E, PID NO.1933,
VAKKALGERA, KALABURAGI-585101.
23. MEHAMOONA BEGUM W/O NASEER AHMED,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. 7-1202/3813/A/4, PID NO.2081,
VAKKALGERA, KALABURAGI-585101.
24. SHAIZADI BEGUM W/O IMAMSAB,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O 7-1202/13/A2, PID NO.2081,
VAKKALGERA, KALABURAGI-585101.
25. HASEEN BEGUM W/O GULAM MUSTAFA,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. 7-1202/38/1/18, PID NO. 2840,
VAKKALGERA, KALABURAGI-585101.
26. MOHAMMED ALI PATIL S/O HUSSAIN PATEL,
AGE: MAJOR, OCC: BUSINESS,
R/O. 7-1202/37/87, PID NO.2846,
VAKKALGERA, KALABURAGI-585101.
27. SHANAZ BEGUM W/O MD. BABARUDDIN KHATIB,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O 7-1202/38/13B, PID NO.63587,
VAKKALGERA, KALABURAGI-585101.
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HC-KAR AND 2 OTHERS
28. ASMA PARVEEN D/O ABDUL RAHEEM,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O 7-1202/10/11/A/1, PID NO.1949,
VAKKALGERA, KALABURAGI-585101.
29. MOHD. KHALIQ HASHMI
S/O MOHD. ABDUL GAFOOR,
AGE: MAJOR, OCC: BUSINESS,
R/O 11-1041/50/FB/14, PID NO.19888,
VAKKALGERA, KALABURAGI-585101.
30. MOHD. IRSHAD ALI
S/O MOHD. DASTAGIR PATEL,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/60, PID NO.2728,
VAKKALGERA, KALABURAGI-585101.
31. MALANBEE W/O MASHAQ PATEL,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O 7-1202/10/11A/3, PID NO.2736,
VAKKALGERA, KALABURAGI-585101.
32. SUNITA W/O MALLIKARJUN SHABADI,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. 8-1362/1A, PID NO.5938,
VAKKALGERA, KALABURAGI-585101.
33. SHAH HEMCHAND PREMJI AND COMPANY,
R/O.1362/2, PID NO.5936,
VAKKALGERA, KALABURAGI-585101.
34. MOHD. HABEEB S/O ABDUL KHADAR,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/10/11/A/6, PID NO.1954,
VAKKALGERA, KALABURAGI-585101.
35. FAKHRUDDIN S/O DAWALSAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/62B, PID NO.100709,
VAKKALGERA, KALABURAGI-585101.
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HC-KAR AND 2 OTHERS
36. HAMEEDA BEGUM W/O MOHD. RUKNUDDIN,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/37/2/6/2, PID NO.97994,
VAKKALGERA, KALABURAGI-585101.
37. MOHD. PEERPASHA S/O MOHD. MASTAN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/50/4, PID NO.57171,
VAKKALGERA, KALABURAGI-585101.
DEAD BY LR
MOHAMMED ABDUL RAHEEM
S/O MD. PEER PASHA,
AGE : 36 YEARS, OCC : BUSINESS,
R/O H.NO7-1202/50/4,
BEHIND ABUBAKAR MASJID,
BILATABAD COLONY, KALABURAGI.
38. BADIYUZZAMA ALIAS MAHABOOB JANI,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/50/3, PID NO.2115,
VAKKALGERA, KALABURAGI-585101.
39. QUDESHA TALSHAM KHAN W/O AKEEM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/5D, PID NO.2333,
VAKKALGERA, KALABURAGI-585101.
40. ABDUL RAUF S/O ABDUL WAHEED SHAIKH,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/A/10, PID NO.2293,
VAKKALGERA, KALABURAGI-585101.
41. ABDUL KAREEM S/O MAKDUM ALI,
AGE: MAJOR, OCC: BUSINESS,
R/O T-7-1202/56/2B, VAKKALGERA,
KALABURAGI-585101.
42. SYED SHAFA ANJUM W/O SYED AZAM AHMED,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/37/1/23, PID NO.58974,
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C/W WP No. 203864 of 2019
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HC-KAR AND 2 OTHERS
VAKKALGERA, KALABURAGI-585101.
43. AMEENA BEGUM W/O ABDUL KAREEM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 5-408/47/87, PID NO.58758,
VAKKALGERA, KALABURAGI-585101.
44. BASHEERUDDIN S/O SHARFUDDIN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/1/19, PID NO.103224,
VAKKALGERA, KALABURAGI-585101.
45. ABDUL KALAM S/O MOHD. MASTAN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/7/A, VAKKALGERA,
KALABURAGI-585101.
46. GOUSIYA KHANAM W/O MAHEBOOB KHAN,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/37/1/23, PID NO.58974,
VAKKALGERA, KALABURAGI-585101.
47. MEHTAB BANU W/O MOHD. ABDUL RAHMAN RAJU,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/50/2B/1, PID NO.2114,
VAKKALGERA, KALABURAGI-585101.
48. MOHD. JAVEED IQBAL S/O MOHD. HAJI SAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/53/A, PID NO.2123,
VAKKALGERA, KALABURAGI-585101.
49. BAWA SAB S/O BASHA SAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 5-408/50/E/4, PID NO.28,
VAKKALGERA, KALABURAGI-585101.
50. S. IMRAN ALI S/O NOT KNOWN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/40/2, PID NO.2925,
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C/W WP No. 203864 of 2019
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HC-KAR AND 2 OTHERS
VAKKALGERA, KALABURAGI-585101.
51. YUNUS ALI S/O NOT KNOWN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/40/2, PID NO.2925,
VAKKALGERA, KALABURAGI-585101.
52. S. AHMED ALI PASHA S/O NOT KNOWN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/40/2, PID NO. 2925,
VAKKALGERA, KALABURAGI-585101.
53. S. MAHEBOOB ALI S/O NOT KNOWN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/40/2, PID NO.2925,
VAKKALGERA, KALABURAGI-585101.
54. MAHEBOOB KHAN S/O INAYAT KHAN,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/50/2, PID NO. 3014,
VAKKALGERA, KALABURAGI-585101.
55. BASAVARAJ S/O SANGAMMA KOLKUR,
AGE: MAJOR, OCC: BUSINESS,
R/O 11-413/A, PID NO.1943,
VAKKALGERA, KALABURAGI-585101.
56. PUTLABAI W/O SHAMRAO,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 11-415/2, PID NO.9402,
VAKKALGERA, KALABURAGI-585101.
57. HAYAT BEGUM W/O AHMED ALI,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/37/2/17, PID NO.58147,
VAKKALGERA, KALABURAGI-585101.
58. SAYEED BEGUM W/O ABDUL RAHEEM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-37/88/A, PID NO.58858,
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VAKKALGERA, KALABURAGI-585101.
59. MUSHIR AHMED S/O ABDUL KHALIQ,
AGE: MAJOR, OCC: BUSINESS,
R/O. 7-1202/37/2/12, PID NO.83469,
VAKKALGERA, KALABURAGI-585101.
60. MOHD. AZEEMUDDIN S/O MD. KHASIM,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/1/6, VAKKALGERA,
KALABURAGI-585101.
61. ZAINABEE W/O MD. KHASIM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O 7-1202/5/19/A, PID NO.1930,
VAKKALGERA, KALABURAGI-585101.
62. MOHD. FEROZ S/O MOHD. JABBAR,
AGE: MAJOR, OCC: BUSINESS,
R/O T-11-1041/44/2, PID NO.1458,
VAKKALGERA, KALABURAGI-585101.
63. HAROON RASHEED
S/O MOHD. HUSSAINSAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/AB/1, PID NO.81088,
VAKKALGERA, KALABURAGI-585101.
64. ABDUL RASHEED S/O HAJI AMEENSAB,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/5/AB/1, PID NO.2278,
VAKKALGERA, KALABURAGI-585101.
65. MD. MUNEER AHMED S/O ABDUL SALAM,
AGE: MAJOR, OCC: BUSINESS,
R/O 7-1202/37/2/20, PID NO.101326,
VAKKALGERA, KALABURAGI-585101.
66. SAYEEDUNNISA BEGUM
W/O HAROON RASHEED SAB,
AGE:MAJOR, OCC:HOSUEHOLD,
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R/O 7-1202/AB/2, PID NO.81091,
VAKKALGERA, KALABURAGI - 585101.
67. AZIZ ASIF S/O MOHD. HAJIMIYA,
AGE:MAJOR, OCC:BUSINESS,
R/O.7-1202/37/2/54, PID NO.57383,
VAKKALGERA, KALABURAGI-585101.
68. RAZIYA BEGUM W/O ABDUL JABBAR,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/10/11A/7, PID NO.57159,
VAKKALGERA, KALABURAGI-585101.
69. ABDUL RASHEED S/O ABDUL NABI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/22/1A/27, PID NO.57172,
VAKKALGERA, KALABURAGI-585101.
70. SYED IRSHAD ALI S/O NOT KNOWN,
AGE:MAJOR, OCC:BUSINESS,
R/O T-7-120222/1A/2, PID NO.2433,
VAKKALGERA, KALABURAGI-585101.
71. TAHERA BEGUM W/O BASUMIYAN,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/7/A2, PID NO.2001,
VAKKALGERA, KALABURAGI-585101.
72. ABDUL AZIM S/O SHAIK AHMED,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/7/A3, PID NO.1939,
VAKKALGERA, KALABURAGI-585101.
73. MUMTAZ BEGUM W/O ABDUL GANI,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/7/A2, PID NO.1938,
VAKKALGERA, KALABURAGI-585101.
74. ABDUL RAHEEM S/O ABDUL GANI,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O T-7-1202/37/2/46, PID NO.84944,
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VAKKALGERA, KALABURAGI-585101.
75. QUIDSIYA ZAREEN W/O MD.IMAMUDDIN,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O T-7-1202703/37/2, PID NO.87274,
VAKKALGERA, KALABURAGI-585101.
76. SHAIK CHAND S/O ABDUL RAHMAN,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/75, PID NO.2543,
VAKKALGERA, KALABURAGI-585101.
77. HAZARA BEE W/O SHAIK ZAMEER SAB,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/38/8, PID NO.2075,
VAKKALGERA, KALABURAGI-585101.
78. ANWAR BEGUM W/O HAJI ABDUL SALEEM,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/21/2, PID NO.58534,
VAKKALGERA, KALABURAGI-585101.
79. MOHD. SIRAJ S/O HAJI ABDUL SALEEM,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/21/2, PID NO.58534,
VAKKALGERA, KALABURAGI-585101.
80. ABDUL WAHEED S/O MAHABOOB ALI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/21/2, PID NO.57388,
VAKKALGERA, KALABURAGI-585101.
81. MAQBOOL AHMED S/O ABDUL KAREEM SIDDIQUI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/21/3, PID NO.2417,
VAKKALGERA, KALABURAGI-585101.
82. AKTHAR BEGUM W/O LATE SHAIR ALI PATEL,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O T-7-1202/21/3, PID NO.3378,
VAKKALGERA, KALABURAGI-585101.
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83. ABDUL SALEEM S/O BASHUSAB,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/A, PID NO.2062
VAKKALGERA, KALABURAGI-585101.
84. KHASIM ALI ANSARI
S/O MOHAMMED SAB ANSARI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/A/1, PID NO.2063,
VAKKALGERA, KALABURAGI-585101.
85. ISHRAT BEGUM W/O SIRAZUDDIN,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/37/3/8, PID NO.2538,
VAKKALGERA, KALABURAGI-585101.
86. MAHEJAN BEE W/O SY.HUSSAIN NURALLA,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/37/70, PID NO.2541,
VAKKALGERA, KALABURAGI-585101.
87. MD.ZAFFAR S/O MD.ISMAIL JEELANI,
AGE:MAJOR, OCC:BUSINESS,
R/O T-7-1202/37/80, PID NO.2544,
VAKKALGERA, KALABURAGI-585101.
88. RESHMA ANJUM
W/O JAMAL ABDUL NASRI, BAHDUR,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/6A, PID NO.2303,
VAKKALGERA, KALABURAGI-585101.
89. MEHAMOODA BEGUM
W/O MEHBOOB PATEL,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/5/4, PID NO.22295,
VAKKALGERA, KALABURAGI-585101.
90. SAYEED MOHINUDDIN
S/O YOUSUF MOHIUDDIN,
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AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/4A, PID NO.2932,
VAKKALGERA, KALABURAGI-585101.
91. SYED SARVAR S/O SYED HAJI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/39, PID NO.2249,
VAKKALGERA, KALABURAGI-585101.
92. RESHMA JABEEN D/O MOHD. YOUSUF,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/39, PID NO.2089,
VAKKALGERA, KALABURAGI-585101.
93. SHAIK AHMED S/O AHMED SAB,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/41/1D, PID NO.2091,
VAKKALGERA, KALABURAGI-585101.
94. ABDUL QUDDUS BHANDARI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/41/1D, PID NO.2092,
VAKKALGERA, KALABURAGI-585101.
95. SHAIK MAINUDDIN S/O SHAIK MAHEBOOB,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/A/2, PID NO.2928,
VAKKALGERA, KALABURAGI-585101.
96. DASTAGIR SAB S/O HAZARAT SAB,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/77, PID NO.2068,
VAKKALGERA, KALABURAGI-585101.
97. SYED NOOR ALAM HUSSAIN
S/O SYED SAHEB HUSSAIN,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/38/13A, PID NO.2076,
VAKKALGERA, KALABURAGI-585101.
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98. SAJID ALI S/O BASHEER ALI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/38/13/A7, PID NO.98270,
VAKKALGERA, KALABURAGI-585101.
99. MAHEMUD ALI S/O ABDUL LATEEF,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/38/13/C, PID NO.2086,
VAKKALGERA, KALABURAGI-585101.
100. KHAJA HUSSAIN S/O ATTUR RAHEMAN,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/123/1/35, PID NO.798,
VAKKALGERA, KALABURAGI-585101.
101. ABDUL RAHMAN S/O ABDUL GHANI,
AGE:MAJOR, OCC:BUSINESS,
R/O 7-1202/37/2/53, PID NO.61320,
VAKKALGERA, KALABURAGI-585101.
102. AJEEJ ARIF MD.HAJI,
AGE:MAJOR, OCC:BUSINESS,
R/O 202/5A, PID NO.1891,
VAKKALGERA, KALABURAGI-585101.
103. AMINA PARVEEN W/O RISHM KHAM,
AGE:MAJOR, OCC:HOUSEHOLD,
R/O 7-1202/37/76, PID NO.2814,
VAKKALGERA, KALABURAGI-585101.
...RESPONDENTS
(BY SHESHADRI JAISHANKAR M., AGA FPR R1 TO R3;
SRI D.P. AMBEKAR, ADVOCATE FOR R4 TO R6;
SRI. K.N. TIMMAPURI AND SRI N.L. MALLI, AND
SMT. SHRIDEVI B.A., ADVOCATES FOR R23;
SRI. GANESH S KALBURAGI AND
SRI SIDDAPPA C. PUJARI PATIL, ADVOCATES FOR R27;
SRI. S B HANGARKI, ADVOCATE FOR R-32, R-33,
SRI AMARESH S. ROJA, ADVOCATE FOR R-45, R-60,
SRI. MOHD. KHADAR KHAN, ADVOCATE FOR
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R10, R11, R17, R18, R22, R28, R30, R31, R34, R38, R54,
R62, R63, R68, R69, R74 AND R101,
NOTICE TO R7, R13, R16, R28, R31, R40, R67 IS SERVED,
V/O DATED 26/08/2022 NOTICE TO R8,R9,R14,R15,R19,R20,
R21, R23, R24, R25, R29, R35, R36, R37, R39, R41 TO R44,
R46 TO R-53, R55 TO R59, R61, R64, R65, R66, R70 TO R73,
R75 TO R99, R102 AND R103 IS HELD SUFFICIENT,
SRI. LIYAQAT FAREED USTAD ADVOCATE FOR LR'S OF 37,
V/O DATED 24/10/2024 NOTICE IN R/O R26 AND R100
IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI/DIRECTIONS/COMMAND,
QUASHING THE ENDORSEMENT ISSUED BY THE 5TH
RESPONDENT IN FILE NO:PÀªÀÄ¥Á/ªÀPÀ-3/2019-20/90 DATED
21.06.2019/24.06.2019 WITH REGARD TO PETITIONERS
PROPERTY BEARING SY.NO.37/1A AND 37/2 OF
VAKKALGERA, KALABURAGI. THE COPY OF WHICH IS AT
ANNEXURE-G1.
B) ISSUE A WRIT OF MANDAMUS, DIRECTING THE
RESPONDENTS NO.1 TO 6 TO REMOVE THE ILLEGAL AND
UNAUTHORIZED CONSTRUCTIONS CARRIED OUT BY THE
RESPONDENTS NO.7 TO 104 IN PETITONERS PROPERTY
BEARING LAND SY.NO.37/1A/1 AND 37/2 MEASURING 1
ACRE 9 GUNTAS 5 ACRES 16 GUNTAS RESPECTIVELY
SITUATED AT VAKKALGERA, KALABURAGI PROPER. IN VIEW
OF THE ORDER PASSED BY THE RESPONDENT NO.4 UNDER
SECTION 114 OF KARNATAKA MUNCIPAL CORPORATIONS
ACT 1976 VIDE ANNEXURE-D DATED 11.10.2017. THIS
HON'BLE COURT MAY KINDLY BE AWARD COST OF THE
PRESENT WRIT PETITION AS DEEMED FIT AND PROPER BY
THIS HON'BLE COURT, IN VIEW OF THE FACTS,
CIRCUMSTANCES, THE REASONINGS ASSIGNED IN THE WRIT
PETITION.
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IN WP NO. 225892/2020:
BETWEEN:
MOHD. ABDUL RAHEEM
S/O MOHD. PEER PASHA,
AGE: MAJOR, OCC: DOCTOR,
H.NO. 7-1202/50/4, BILABABAD,
KALABURAGI-585104.
...PETITIONER
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. COMMISSIONER,
MAHANAGAR PALIKE,
KALABURAGI-585103.
2. REVENUE INSPECTOR,
ZONAL OFFICE-03,
CITY CORPORATION,
KALABURAGI-585103.
3. SRI. KRISHANJI S/O MANIK RAO PATIL,
R/O: KRISHNA KUTEER,
BEHIND ESHWAR TEMPLE,
GUNJ COLONY, KALABURAGI-585104.
4. SMT. VIDYAVATI W/O VENKAT RAO PATIL,
AGE: MAJOR, OCC: HOUSE HOLD,
R/O: BAMBOO BAZAR,
KALABURAGI-585104.
...RESPONDENTS
(BY SRI D.P. AMBEKAR, ADVOCATE FOR R1 & R2;
SRI K.M. GHATE, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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ISSUE THE SUITABLE WRIT OR DIRECTION IN NATURE OF
CERTIORARI AND QUASH THE ORDER NO.KMP/HEARING/ZC-
3/2016 DATED 11.10.2017 PASSED BY THE RESPONDENT
NO.1 IN RESPECT OF PETITIONER VIDE AT ANNEXURE-F.
B) OR ISSUE ANY OTHER WRIT OR DIRECTIONS AS THIS
HON'BLE COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
IN WP NO. 200637/2021:
BETWEEN:
SHAHNAZ BEGUM W/O MD. BABARUDDIN K.,
AGE: 53 YEARS, OCC: HOUSEHOLD,
THROUGH ITS GPA HOLDER
MD. RIYAZUDDIN S.O MD. BABARUDDIN,
AGE:32 YEARS, OCC: SENIOR ENGINEER,
R/O.HOUSE NO.7-1202-38-138,
KHAJA QADEER COLONY, BILALABAD,
GULBARGA-585104.
...PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE REGIONAL COMMISSIONER,
KALABURGI DISIVION, KALABURAGI-585101.
2. THE DEPUTY COMMISSIONER,
KALABURAGI-585101.
3. THE COMMISSIONER,
CITY CORPORATION,
KALABURAGI-585102.
4. THE TAHSILDAR,
TAHSIL OFFICE,
KALABURAGI-585102.
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5. SRI KRISHNAJI S/O MANIKRAO PATIL,
AGE ABOUT 50 YEARS, OCC: BUSINESS,
R/O. KRISHNA KUTEER,
BEHIND ESHWAR TEMPLE,
GUNJ COLONY,
KALABURAGI-585103.
6. SMT. VIDYAVATI W/O VENKATRAO PATIL,
AGE: 63 YEARS, OCC: HOUSEHOLD,
R/O BAMBOO BAZAR,
KALABURAGI-585103.
...RESPONDENTS
(BY SHESHADRI JAISHANKAR M., AGA FOR R2 & R4;
SRI D.P. AMBEKAR, ADVOCATE R1 & R3;
SRI K.M. GHATE, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE
A WRIT IN NATURE OF CERTIORARI AND QUASH THE ORDER
NO.KMP/HEARING/ZC-3/2016 DATED 11.10.2017 PASSED BY
THE RESPONDENT NO.3 IN RESPECT OF THE PETITIONER
VIDE ANNEXURE-C. 2) ISSUE THE WRIT IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 TO
CONSIDER THE REPRESENTATION DATED 16.04.2019 GIVEN
BY THE PETITIONER TO THE RESPONDENT NO.3 VIDE
ANNEXURE-K AND RESTORE THE PID NO.63587 BELONGING
TO THE PETITIONER'S HOUSE BEARING NO.7-1202/38/13B,
BILLALABAD, VAKKALGERA, GULBARGA, VIDE ANNEXURE-
A7. 3) ISSUE ANY OTHER DIRECTIONS AS THIS HON'BLE
COURT DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF
THE CASE.
IN WP NO. 202964/2022;
BETWEEN:
1. MOHD. ABDUL SALEEM
S/O MOHD ABDUL SATTAR,
AGED ABOUT 40 YEARS,
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PID NO. 2845, KALABURAGI,
2. MOHD. ABDUL HAFEEZ
S/O MOHD ABDUL SATTAR,
AGED ABOUT 40 YEARS,
PID NO.2845, KALABURAGI
...PETITIONERS
(BY SRI. ASADULLA AMANULLA AND
SMT. SANGEETA K.PUJARI, ADVOCATES)
AND:
THE COMMISSIONER,
CITY CORPORATION
(MAHANAGAR PALIKE),
KALABURAGI - 585102.
...RESPONDENT
(BY SRI. KRUPASAGAR PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THAT
THIS HONOURABLE COURT MAY BE PLEASED TO ISSUE 1)
WRIT IN NATURE OF CERTIORARI AND QUASH THE ORDER
NO.KMP/HEARING/ZC-3/2016, DATED 11.10.2017 PASSED BY
THE RESPONDENT NO.6 IN RESPECT OF THE PETITIONERS
VIDE ANNEXURE-B SY.NO.37/1A/L. 2) ISSUE THE WRIT IN
NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO
CONSIDER THE REPRESENTATION DATED 16.04.2019 GIVEN
BY THE PETITIONERS TO RESPONDENT VIDE ANNEXURE-C
AND RESTORE THE PID NO.2854 BELONGING TO THE
PETITIONERS IN LAND SY. NO.37/A1/1.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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ORAL ORDER
The above captioned writ petitions arises between the same parties and the dispute relates to the same property. Therefore, they are heard together and disposed of by this common order.
2. Heard the learned counsel for the parties.
3. Respondent Nos.4 and 5 in W.P.No.200806/2023 had filed a review petition before the respondent No.1 under Section 114-A of the Karnataka Municipal Corporation Act, 1976 (for short, the 'KMC Act, 1976') with a prayer to set-aside the entries in the revenue records of the land bearing Sy.No.37/1A/1 measuring 01 acre 09 guntas and Sy.No.37/2 measuring 05 acres 16 guntas situated at Vakkalgera, Kalaburagi. According to respondent Nos.4 and 5, the said lands originally belonged to their ancestor Manikrao Krishnaji Patil Linganwadi and his name was entered in the record of rights. Subsequently, based on fraudulent documents, the
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encroachers of the said properties had got entered their name in the revenue records of the lands and after the lands came within the limits of the Corporation, PID and T- numbers were given to the properties. The respondent No.1 after issuing notice to the alleged 96 illegal occupants of the aforesaid lands, by order dated 11.10.2017 vide Annexure-D has cancelled the PID and T-numbers given to the aforesaid 96 illegal occupants. Aggrieved by the same, some of the alleged illegal occupants are before this Court in W.P.No.200806/2023, W.P.No.225892/2020, W.P.No.200637/2021 and W.P.No.202964/2022.
4. It appears that after the respondent No.1- Commissioner had passed the order dated 11.10.2017, the aforesaid Krishnaji and another had approached the Commissioner with a prayer to take appropriate action under Section 321 of KMC Act, 1976, to demolish the construction put up by the alleged unauthorised occupants of the aforesaid lands. The said request made by Krishnaji and another was rejected by the Commissioner of
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Kalaburagi Mahanagar Palike vide endorsement dated 24.06.2019 and assailing the said endorsement, the aforesaid Krishnaji and another have approached this Court in W.P.No.203864/2019.
5. Perusal of the material on record would go to show that the names of the alleged unauthorised occupants of the aforesaid lands were entered in the revenue records of the lands from the year 2001 onwards. Review petition is filed by the aforesaid Krishnaji and another under Section 114-A of the KMC Act, 1976 before the Commissioner of Kalaburagi Mahanagar Palike in the year 2016 with a prayer to cancel/set-aside the entry in the name of the unauthorized occupants in the revenue records of the aforesaid lands and also to cancel the PID and T-numbers issued to them.
6. Section 114-A of the KMC Act, 1976 reads as follows:-
"114-A. Review by the Commissioner.- Where the Commissioner, either suo motu or otherwise, after such enquiry as he considers
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necessary is satisfied that any transfer of title under Section 114 was got recorded in the Corporation register by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete material, he may within a period of three years from the date of such recording of transfer of title reopen the case and pass such order with respect thereto as he thinks fit:
Provided that no such order shall be made except after giving the person likely to be affected thereby a reasonable opportunity of being heard."
7. A reading of the aforesaid provision of law itself makes it very clear that Commissioner can exercise power under the said provision of law only if a challenge is made within a period of three years from the date of entry in the revenue records of the disputed land. The Co-ordinate Bench of this Court in the case of K.Susheela vs. Bangalore Mahanagara Palike and others reported in ILR 2004 KAR 1542 has held that Corporation cannot act contrary to Section 114A of the KMC Act, 1976 and cannot cancel the khata beyond the period of 3 years from the date of transfer of khata.
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8. Learned counsel for the petitioner submits that as against the impugned order dated 11.10.2017 passed by the Commissioner of the Corporation, some of the aggrieved persons had approached the Regional Commissioner, Kalaburagi, who has set-aside the aforesaid order dated 11.10.2017 and has recommended to initiate disciplinary action against the officer who had passed the said order. He has produced the copy of the said order before this Court along with a memo.
9. In view of aforesaid, I am of the opinion that the impugned order dated 11.10.2017 passed by the Commissioner of Kalaburagi Mahanagar Palike, Kalaburagi as against the petitioners in W.P.No.200806/2023, W.P.No.225892/2020, W.P.No.200637/2021 and W.P.No.202964/2022 cannot be sustained.
10. In W.P.No.203864/2019, challenge is made by aforesaid Krishnaji and another to the endorsement dated 24.06.2019 at Annexure-G1 issued by the Commissioner of Kalaburagi Mahanagara Palike, Kalaburagi, wherein the
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request made by aforesaid Krishnaji and another to take action against the construction put up by the aforesaid illegal occupants in property bearing Survey Nos.37/1A and 37/2 has been rejected with an observation that the parties are required to approach the jurisdictional Civil Court for the purpose of adjudication of their disputes. The said request was made by aforesaid Krishnaji and another, pursuant to the order passed by the Commissioner, dated 11.10.2017, which has been now quashed by this Court in the aforesaid writ petitions.
11. Under the circumstances, it cannot be said that the impugned endorsement dated 24.06.2019 suffers from any illegality or infirmity. Therefore, W.P.No.203864/2019 is liable to be dismissed. Accordingly, the following:
ORDER
i) W.P.No.200806/2023, W.P.No.225892/2020, W.P.No.200637/2021 and W.P.No.202964/2022 are allowed.
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ii) The impugned order bearing No.KMP/hearing/ ZC-3/2016 dated 11.10.2017 passed by respondent No.1 - Commissioner, Kalaburagi Mahanagara Palike, Kalaburagi is quashed insofar as the petitioners in the aforesaid four writ petitions are concerned.
iii) W.P.No.203864/2019 is dismissed. Pending interlocutory applications, if any, do not survive for consideration.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SN,NJ List No.: 1 Sl No.: 1