Karnataka High Court
Smt Shahnawaz vs State Of Karnataka on 9 October, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:36528-DB
WA No. 181 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 181 OF 2023 (LR)
BETWEEN:
1. SMT. SHAHNAWAZ,
W/O LATE BASHU SAB
AGED ABOUT 61 YEARS,
R/A OPP URDU SCHOOL,
URGADUR, SULEBAILU,
SHIMOGA 577 201.
2. SAMIULLA
S/O LATE BASHU SAB
AGED ABOUT 33 YEARS,
R/A OPP URDU SCHOOL,
Digitally signed URGADUR, SULEBAILU,
by SHARADA SHIMOGA 577 201.
VANI B ...APPELLANTS
Location: HIGH (BY SRI. H S SANTHOSH.,ADVOCATE)
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. TAHSILDAR
SHIMOGA TALUK,
SHIMOGA-577 201.
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WA No. 181 of 2023
3. ASST COMMISSIONER
SHIMOGA SUB DIVISION,
SHIMOGA-577 201.
4. DEPUTY COMMISSIONER
SHIMOGA DISTRICT,
SHIMOGA 577 201.
5. JITHENDRA PRATAP SINGH
S/O RAMPHAL VERMA,
AGED ABOUT 46 YEARS,
R/O NO 568, K H A /502,
GIRAPALLI, ALAMBAGH,
LUCKNOW - 226 005.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR., AGA FOR R1 TO R4;
SRI. MANJUNATH K., ADVOCATE FOR R5)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ADMIT THIS WRIT APPEAL CALL
FOR THE ENTIRE RECORDS FROM THE FILE OF THE LEARNED
SINGLE JUDGE IN WP No-5564/2021(LR) PERUSE THE SAME,
HEAR THE PARTIES AND BE PLEASED TO QUASH THE
IMPUGNED ORDER DATED 30.05.2022 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No-
5564/2021(LR) AND ALLOW THE WRIT PETITION AND B)
GRANT SUCH OTHER RELIEF/S THAT THIS HONBLE COURT
DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES
OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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WA No. 181 of 2023
JUDGMENT
This intra-court appeal seeks to lay a challenge to
the learned Single Judge's order dated 30.05.2022
whereby their W.P.No.5564/2021 has been disposed off
without granting the substantive relief as prayed for but
reserving liberty to them to take up appropriate
proceedings.
2. Having heard the learned counsel for the parties
and having perused the Appeal Papers, we decline
indulgence in the matter inasmuch as the request of the
appellants for entering their names in the records of the
subject property cannot be granted, as rightly held by the
learned Single Judge when the present entries stand and
the said entries have been made in terms of the registered
sale deed.
3. Learned Single Judge is more than justified in
his reasoning that the proceedings initiated under the
erstwhile provisions of Sections 79A & 79B of the
Karnataka Land Reforms Act, 1961 having been dropped,
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WA No. 181 of 2023
the sale of the subject property which otherwise would
have been hit by the said provisions, has been saved. Now
that question also pales into insignificance since the
restraint provisions have been virtually given up by the
Karnataka Land Reforms (Second Amendment) Act, 2020.
In the above circumstances, this appeal being devoid
of merits is liable to be and accordingly dismissed, costs
having been made easy.
Nothing observed herein above shall cast its light or
shadow on the proceedings that may be initiated by the
appellants herein in terms of the liberty reserved by the
learned Single Judge.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
