Karnataka High Court
State Of Karnataka vs Rahamathulla on 20 December, 2023
-1-
NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.1865 OF 2022 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO.1874 OF 2022 (DEC/INJ)
REGULAR SECOND APPEAL NO.1876 OF 2022 (DEC/INJ)
REGULAR SECOND APPEAL NO.1877 OF 2022 (DEC/INJ)
IN RSA NO.1865/2022
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
Digitally
signed by VIDHANA SOUDHA
CHAITHRA A BENGALURU - 560 001
Location:
2. THE TAHASILDAR
HIGH
COURT OF CHINTAMANI TALUK
KARNATAKA CHINTAMANI
...APPELLANTS
(BY MS.ANUKANKSHA KALKERI, HCGP)
AND:
1. AFSAR PASHA
S/O GHOUSE SHARIFF
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NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
AGED ABOUT 75 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
2. ANWAR
S/O LATE DAWOOD SAB
AGED ABOUT 70 YEARS
3. RAHAMATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 65 YEARS
4. INAYATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 75 YEARS
5. IQBAL
S/O LATE DAWOOD SAB
AGED ABOUT 60 YEARS
6. SHAFIULLA
S/O LATE DAWOOD SAB
AGED ABOUT 55 YEARS
7. ALLAH BAKASH
S/O LATE DAWOOD SAB
AGED ABOUT 50 YEARS
8. PYAREJAN
S/O LATE PEERAN SAB
AGED ABOUT 60 YEARS
9. CHOTE SAB
S/O LATE PEERAN SAB
AGED ABOUT 65 YEARS
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NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
10. SMT. RAJIA
W/O LATE MEHABOOB SAB
AGED ABOUT 60 YEARS
11. JAVEED PASHA
S/O AGE MEHABOOB SABI
AGED ABOUT 40 YEARS
ALL ARE AGRICULTURISTS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
...RESPONDENTS
(BY SRI. B R VISWANATH, ADVOCATE FOR R.1)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
CALL FOR THE RECORDS IN R.A.NO.92/2019 ON THE FILE OF
THE II ADDITIONAL DISTRICT JUDGE, CHIKKABALLAPUR,
SITTING AT CHINTAMANI AND IN O.S.NO.9/2017 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI
AND ETC.
IN RSA NO.1874/2022
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001
-4-
NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
2. THE TAHASILDAR
CHINTAMANI TALUK
CHINTAMANI
...APPELLANTS
(BY MS.ANUKANKSHA KALKERI, HCGP)
AND:
1 ANWAR
S/O LATE DAWOOD SAB
AGED ABOUT 70 YEARS
2. RAHAMATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 65 YEARS
3. INAYATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 75 YEARS
4. IQBAL
S/O LATE DAWOOD SAB
AGED ABOUT 60 YEARS
5. SHAFIULLA
S/O LATE DAWOOD SAB
AGED ABOUT 55 YEARS
6. ALLAH BAKASH
S/O LATE DAWOOD SAB
AGED ABOUT 50 YEARS
7. PYAREJAN
S/O LATE PEERAN SAB
AGED ABOUT 60 YEARS
-5-
NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
8. CHOTE SAB
S/O LATE PEERAN SAB
AGED ABOUT 65 YEARS
9. SMT. RAJIA
W/O LATE MEHABOOB SAB
AGED ABOUT 60 YEARS
10. JAVEED PASHA
S/O AGE MEHABOOB SABI
AGED ABOUT 40 YEARS
11. AFSAR PASHA
S/O GHOUSE SHARIFF
AGED ABOUT 75 YEARS
ALL ARE AGRICULTURISTS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
...RESPONDENTS
(BY SRI. B R VISWANATH, ADVOCATE FOR R.11)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
CALL FOR THE RECORDS IN R.A.NO.89/2019 ON THE FILE OF
THE II ADDITIONAL DISTRICT JUDGE, CHIKKABALLAPUR,
SITTING AT CHINTAMANI AND IN O.S.NO.9/2017 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI
AND ETC.
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NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
IN RSA NO.1876/2022
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001
2. THE TAHASILDAR
CHINTAMANI TALUK
CHINTAMANI
...APPELLANTS
(BY MS. ANUKANKSHA KALKERI, HCGP)
AND:
1 AFSAR PASHA
S/O GHOUSE SHARIFF
AGED ABOUT 69 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
2. ANWAR
S/O GOUSE SHERIFF
AGED ABOUT 50 YEARS
RESIDING AT
MADANAPALLI VILLAGE
CHITOOR DISTRICT
ANDRA PRADESH
3. RAHAMATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 63 YEARS
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NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
4. SHAFIULLA
S/O LATE DAWOOD SAB
AGED ABOUT 55 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
5. ANWAR
S/O LATE DAWOOD SAB
AGED ABOUT 67 YEARS
R/AT MADANAPALLI
CHITOOR DISTRICT
ANDRA PRADESH
...RESPONDENTS
(BY SRI. B R VISWANATH, ADVOCATE FOR R.1)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
CALL FOR THE RECORDS IN R.A.NO.19/2020 ON THE FILE OF
THE II ADDITIONAL DISTRICT JUDGE, CHIKKABALLAPUR,
SITTING AT CHINTAMANI AND IN O.S.NO.09/2017 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC AT CHINTAMANI
AND ETC.
IN RSA NO.1877/2022
BETWEEN:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
-8-
NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU - 560 001
2. THE TAHASILDAR
CHINTAMANI TALUK
CHINTAMANI
...APPELLANTS
(BY MS. ANUKANKSHA KALKERI, HCGP)
AND:
1 RAHAMATHULLA
S/O LATE DAWOOD SAB
AGED ABOUT 63 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
2. SHAFIULLA
S/O LATE DAWOOD SAB
AGED ABOUT 53 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
3. ANWAR
S/O GOUSE SHERIFF
AGED ABOUT 50 YEARS
RESIDING AT
MADANAPALLI VILLAGE
CHITOOR DISTRICT
ANDRA PRADESH
4. AFSAR PASHA
S/O GHOUSE SHARIFF
-9-
NC: 2023:KHC:46530
RSA No. 1865 of 2022
C/W RSA No. 1874 of 2022
RSA No. 1876 of 2022
RSA No. 1877 of 2022
AGED ABOUT 67 YEARS
R/AT CHINNASANDRA VILLAGE
KASABA HOBLI
CHINTAMANI TALUK
...RESPONDENTS
(BY SRI. B R VISWANATH, ADVOCATE FOR R.4)
THIS RSA IS FILED UNDER SECTION 100 OF CPC.,
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO
CALL FOR THE RECORDS IN R.A.NO.18/2020 ON THE FILE OF
THE II ADDITIONAL DISTRICT JUDGE, CHIKKABALLAPUR,
SITTING AT CHINTAMANI AND IN O.S.NO.168/2008 ON THE
FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC,
CHINTAMANI AND ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned High Court Government Pleader
appearing for the appellants - State has filed memos in all
the cases seeking leave of the Court to withdraw above
appeals with a liberty to pursue comprehensive appeal in
RSA No.1676/2022.
2. The said memos are taken on record.
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NC: 2023:KHC:46530
3. In the light of the above said memos, these
appeals are dismissed as withdrawn.
However, it is made clear that in the event this
Court declined to entertain the comprehensive appeal,
liberty is reserved to the appellants - State to seek revival
of the orders passed by this Court in these appeals.
Pending applications, if any, are also dismissed.
Sd/-
JUDGE
NBM
