Smt. Noor Ahmed Sharieff vs The Deputy Commissioner
2023 Latest Caselaw 5383 Kant

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                                                       NC: 2023:KHC:27626
                                                        WP No. 16061 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF AUGUST, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                      WRIT PETITION NO. 16061 OF 2023 (GM-RES)
                   BETWEEN:

                   SMT. NOOR AHMED SHARIEFF,
                   AGED ABOUT 48 YEARS,
                   S/O SRI ABDUL BASHEER SHARIEFF,
                   R/A 2ND CROSS, PRITCHARD ROAD,
                   ROBERTSONPET, KGF 563 122.
                                                                ...PETITIONER
                   (BY SRI. CHANDRA SHEKAR R.,ADVOCATE)

                   AND:

                   1. THE DEPUTY COMMISSIONER,
                      KOLAR DISTRICT, KOLAR 563 101.

                   2. THE ASSISTANT COMMISSIONER
                      KOLAR SUB DIVISION, KOLAR 563 101.
Digitally signed
by SHARADA         3. SRI. ABDUL BASHEER SHARIEFF,
VANI B                AGED ABOUT 72 YEARS,
Location: HIGH        S/O LATE JAFFER SHARIEFF,
COURT OF              R/AT 1ST CROSS, BLAKRISHNA LAYOUT,
KARNATAKA             ROBERTSONPET, KGF 563 122.
                   4. SRI. P S AKRAM PASHA,
                      S/O SRI GODHU SAHEB NOORULLA,
                      TIMBER MERCHANT,
                      R/AT 1ST CROSS, 1ST LANE,
                      BALAKRISHNA LAYOUT, MINI IBRAHIM ROAD,
                      ROBERTSONPET, K G F, KOLAR 563 122.
                                                          ...RESPONDENTS
                   (BY SRI.B V KRISHNA., AGA FOR R1 & R2;
                   NOTICE TO OTHER RESPONDENTS IS D/W
                    V.C.O DATED 07/08/2023)
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                                             NC: 2023:KHC:27626
                                               WP No. 16061 of 2023



    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH   THE    ORDER   DTD    28.12.2022 IN   CASE
NO.ADM/CR/06/2022-23 PASSED BY THE R1 MARKED AS
ANNEXURE-J.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                               ORDER

The challenge is to the order of the Deputy

Commissioner in an appeal whereby the Assistant

Commissioner's order dated 03.08.2022 has been

reversed and the subject Gift Deed has been cancelled.

Learned counsel for the Petitioner vehemently argues that

his client being the donee, has got litigable interest in the

property and the same is sold to Respondent No.4 who

was also a party to the social security proceedings.

2. Learned AGA on request appearing for

Respondent Nos. 1 & 2 (notice to Respondent Nos. 3 & 4

having been dispensed with), opposes the Petition

contending that once the property is sold, the Petitioner

cannot be treated as an aggrieved party more particularly

when the person who has bought the property was a party

NC: 2023:KHC:27626 WP No. 16061 of 2023

to the social security proceedings is not complaining about

the setting aside of the Gift Deed.

3. Having heard the learned counsel for the parties

and having perused the Petition papers, this Court is

broadly in agreement with the submission made on behalf

of the Respondent-authorities and therefore, declines

indulgence.

However it is open to the aggrieved to lay a

challenge to the impugned order in accordance with law.

In that connection, all contentions are kept open.

Ordered accordingly and Writ Petition is disposed off.

Registry to send a copy of this judgment to the

Respondent Nos. 3 & 4 by Speed post immediately.

Sd/-

JUDGE

Bsv