Karnataka High Court
Rahatbegum W/O Riyaz Ahmed ... vs The Deputy Commissioner on 17 January, 2023
Bench: E.S.Indiresh
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WP No. 101784 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 101784 OF 2022 (KLR-RES)
BETWEEN:
1. RAHATBEGUM W/O RIYAZ AHMED MANNANAIK
AGE. 57 YEARS, OCC: HOUSEHOLD WORK,
R/O. C/O. SRI I K MANI,
OPP AIR, DHARWAD 580008.
2. KUMARI. IFRAKOSAR D/O RIYAZ AHMED MANNANAIK
AGE. 27 YEARS, OCCU. HOUSEHOLD WORK,
R/O. C/O. SRI I K MANI, OPP AIR,
DHARWAD 580008.
REPRESENTED BY THEIR GPA HOLDER,
SHRI ABDULRAZAK S/O ISMAIL MANIK,
AGE. 50 YEARS, OCC. BUSINESS,
R/O. OPPOSITE AIR STATION,
HALYAL ROAD, DHARWAD 580008.
J
...PETITIONERS
MAMATHA
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
Digitally signed
by J MAMATHA
Date:
2023.01.18
10:49:56 +0530
AND:
1. THE DEPUTY COMMISSIONER
DHARWAD DISTRICT,
DHARWAD 580001.
2. THE ASSISTANT COMMISSIONER
DHARWAD SUB-DIVISION,
DHARWAD 580001.
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WP No. 101784 of 2022
3. THE TAHASILDAR
DHARWAD TALUKA,
DHARWAD 580001.
4. THE DEPUTY TAHASILDAR
DHARWAD, DHARWAD 580001.
5. SMT. PARVEENA
CLAIMING HERSELF AS
W/O RIYAZ AHMED MANNANAIK
AGE. 51 YEARS, OCC. GOVERNMENT SERVICE,
R/O. SAIDAPUR, DHARWAD 580008,
TQ. AND DIST. DHARWAD.
6. NAYEEM
CLAIMING HIMSELF AS S/O RIYAZ AHMED MANNANAIK
AGE. 26 YEARS, OCC. NOT KNOWN,
R/O. SAIDAPUR, DHARWAD 580008.
TQ. AND DIST. DHARWAD.
7. KUMARI MISBHASH CLAIMING HERSELF AS
D/O RIYAZ AHMED MANNANAIK
AGE. 22 YEARS, OCC. NOW KNOWN,
R/O. SAIDAPUR, DHARWAD 580008,
TQ. AND DIST. DHARWAD.
...RESPONDENTS
(BY SRI. VINAYAK S. KULKARNI, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
1. TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF WRIT OF CERTIORARI TO QUASH THE
IMPUGNED ORDER IN APPEAL BEARING NO.RP/59/2019
DATED 21.12.2021 PASSED BY THE RESPONDENT NO.1 AS
PER ANNEXURE-A
2. TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF WRIT OF CERTIORARI TO QUASH THE
IMPUGNED ORDER DATED 31.05.2019 PASSED BY THE
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WP No. 101784 of 2022
RESPONDENT NO.2 IN R.T.S/AP/101+102/2015-16 AS PER
ANNEXURE-B.
3. TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF WRIT OF CERTIORARI TO QUASH THE
IMPUGNED SURVIORSHIP CERTIFICATE BEARING NO.
RD0034813117173 DATED 04.07.2015 ISSUED BY THE 4TH
RESPONDENT AS PER ANNEXURE-C
4. TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF WRIT OF CERTIORARI TO QUASH THE
IMPUGNED ENDORSEMENT BEARING NO. PGR/CR 36/2015-16
ISSUED BY THE RESPONDENT NO.4 AS PER ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts notice for
respondents No.1 to 4.
2. The petitioners herein have challenged the order dated
21.12.2021 (Annexure-A to the writ petition) passed by respondent
No.1 and the order dated 31.05.2019 (Annexure-B to the writ
petition) passed by respondent No.2 and also sought for quashing
the survivorship certificate issued by the competent authorities.
3. Having heard the learned counsel appearing for the
parties, both the 1st and 2nd respondents, while adjudicating the
appeals preferred by the parties, have referred to the judgment and
decree passed by the Principal Civil Judge (Jr.Dn.), Dharwad in
WP No. 101784 of 2022
O.S.No.04/2010, with respect to determining the rights of the
parties which is of civil nature and in that view of the matter, I do
not find any illegality in the orders passed by the respondent
authorities.
4. In view of the fact that the rights of the parties have
been already reached finality and in view of the judgment and
decree passed in O.S.No.04/2010, I do not find any merit in the
submission made by the learned counsel appearing for the
petitioners to interfere in the impugned orders, unless the
adjudication of the dispute in O.S.No.4/2010 is set aside by the
competent Appellate Court.
5. Accordingly, the writ petition is dismissed.
Sd/-
JUDGE
gab
