Karnataka High Court
Sri Thoshid Shariff vs The Tahsildar on 1 February, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:4389
WP No. 2249 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 2249 OF 2024 (KLR-RES)
BETWEEN:
1. SRI. THOSHID SHARIFF,
S/O CHAND PASHA,
AGED ABOUT 40 YEARS,
2. SRI. KASHIF SHARIFF,
S/O CHAND PASHA,
AGED ABOUT 38 YEARS,
3. SMT. NAZIMA BEGUM,
W/O CHAND PASHA,
AGED ABOUT 58 YEARS,
4. SRI. TANSEEF SHARIFF,
S/O CHAND PASHA,
AGED ABOUT 35 YEARS,
Digitally signed by
KRISHNAPPA LAXMI
YASHODA 5. SRI. WASIQ SHARIFF,
Location: HIGH COURT S/O CHAND PASHA,
OF KARNATAKA
AGED ABOUT 33 YEARS
ALL ARE RESIDENTS OF
NO.64, 6TH CROSS, 1ST MAIN,
NEW GURAPPANAPALYA,
BANGALORE
REPRESENTED BY THEIR GPA
MR. NAVEED MOHAMMED,
S/O LATE MOHAMMED ATAULLA,
-2-
NC: 2024:KHC:4389
WP No. 2249 of 2024
AGED ABOUT 52 YEARS,
R/AT NO.1184, 35TH 'C' CROSS,
4TH 'T' BLOCK, JAYANAGAR,
BANGALORE - 560 041.
...PETITIONERS
(BY SRI. ZAMEER PASHA, ADVOCATE)
AND:
THE TAHSILDAR,
CHIKKABALLAPUR TALUK,
CHIKKABALLAPUR DISTRICT - 562 101.
...RESPONDENT
(BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO
THE RESPONDENT TO CONSIDER THE REPRESENTATION
DATED 03.10.2023 VIDE ANNEXURE-D AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader is directed to
take notice for the respondent-Tahsildar, Chikkaballapura
Taluk.
2. The petitioners are the wife and children of late Sri.
Chand Pasha, who had purchased 1 acre 20 guntas of land in
Sy.No.56/8 of Beediganahalli, Nandi Hobli, Chikkaballapura
NC: 2024:KHC:4389
Taluk, under a registered sale deed dated 28.08.1995. Learned
counsel for the petitioners submits that there were two suits
that were filed in respect of the land in question.
O.S.No.219/1995 was filed by the legal representatives of the
erstwhile owner, seeking a declaration that they are the lawful
owners of the suit schedule property, which totally measures 1
acre 20 guntas of land in Sy. No. 56, along with many other
properties. Sri.Chand Pasha, was defendant No.3 in the said
suit. The said suit came to be dismissed by judgment dated
26.11.2010. Another suit was filed by one
Sri.M.Narayanaswamy, in O.S.No.371/2014 wherein the
petitioners herein are the defendants. Sri.M.Narayanaswamy,
contended that the total extent of land in Sy.No.56/8 was 4
acres and 2 guntas and under a registered sale deed dated
07.11.1951, the eastern portion measuring 1 acre and 20
guntas, was sold in favour of Sri.Naryanappa S/o Police
Nanjappa. The remaining extent of 2 acres and 20 guntas was
in the possession and enjoyment of the erstwhile owner,
Sri.Krishnamurthy Rao. The plaintiff's father also purchased 1
acre of land under a registered sale deed dated 19.08.1976. It
was therefore contended that what remained with Sri.
NC: 2024:KHC:4389
Krishnamurthy Rao, was only 1 acre and 20 guntas and
therefore, the description in the sale deed dated 28.08.1995
under which the petitioner's father purchased the lands in
question could not have been 2 acres and 20 guntas. Such
contention was accepted by the Civil Court and accordingly, a
judgment was passed by the Principal Civil Judge and JMFC,
Chikkaballpura, in O.S.No.371/2014 on 21.03.2022 decreeing
the suit and declaring that Sri.Narayanaswamy, the plaintiff
was the absolute owner of the suit schedule property
measuring 2 acres and 20 guntas.
3. Learned counsel for the petitioners submits that the
petitioners have given a representation dated 03.10.2023
narrating the facts and the judgment passed by the Civil Court
and have requested the Tahsildar to enter the names of the
petitioners herein in respect of 1 acre and 20 guntas of land in
terms of the sale deed dated 28.08.1995, having regard to the
judgments and decrees passed by the Civil Court. Nevertheless,
no action has been taken by the respondent-Tahsildar and
therefore, the petitioners are before this Court.
4. Having regard to the facts narrated hereinabove and
the material available on record, it is clear that the plaintiffs
NC: 2024:KHC:4389
have a right to seek entry of their names in the land records in
terms of Section 128 of the Karnataka Land Revenue Act,
1964.
5. Consequently, the writ petition stand disposed of with
a specific direction to respondent-Tahsildar, Chikkaballapura
Taluk, to consider the representation given by the petitioners,
issue notice to all the concerned and thereafter, proceed to
enter the names of the petitioners in respect of 1 acre and 20
guntas of land in Sy.No.56/8 of Beediganahalli Village, Nandi
Hobli, Chikkaballapura Taluk, as expeditiously as possible and
at any rate within a period of two months from the date of
receipt of a copy of this order.
Ordered accordingly.
Learned High Court Government Pleader is permitted to
file memo of appearance within a period of four weeks.
Sd/-
JUDGE
rv
CT: BHK
