Karnataka High Court
Sri.Mohammad Mehaboobsab @ Mahamudsab vs The State Of Karnataka And Ors on 29 February, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC-K:1866
WP No. 200034 of 2016
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 200034 OF 2016 (KLR-RES)
BETWEEN:
1. SRI.MAHAMMAD MEHABOOBSAB
@ MAHAMUDSAB,
SINCE DECEASED BY HIS LRS,
A) SMT. AMEENA BEGUM D/O MHEBOOB SAB
@ MOHD MEHEMOOB,
AGED ABOUT 40 YEARS,
R/O WARD NO.6, KATTIBASE,
SINDHANUR.
2. SMT. FATIMA BEE
W/O MAHAMMAD MEHABOOBSAB
@ MAHAMMAD,
AGED ABOUT 76 YEARS, OCC: NILL,
Digitally signed
by SHILPA R 3. SRI ABDUL KHADEER
TENIHALLI
MAHAMMAD MEHABOOBSAB
Location: High
Court Of @ MAHAMUDSAB,
Karnataka AGED ABOUT 56 YEARS,
OCC: ADVOCATE,
4. SRI KHAJA HUSSAIN
S/O MAHAMMAD MEHABOOBSAB
@ MAHAMUDSAB,
AGED ABOUT 53 YEARS, OCC: ADVOCATE,
5. SMT. WAHEEDA BEGUM
W/O MUNEER KHAJI,
AGED ABOUT 48 YEARS,
OCC: HH WORK,
-2-
NC: 2024:KHC-K:1866
WP No. 200034 of 2016
6. SMT. ABEEDA BEE W/O MAINUDDIN,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE,
ALL ARE R/O KATTIBASE,
SINDHANUR, DIST: RAICHUR.
...PETITIONERS
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BENGALURU-1.
2. THE DEPUTY COMMISSIONER,
RAICHUR (URBAN DEVELOPMENT CELL),
RAICHUR, DIST: RAICHUR-584101.
3. THE COMMISSIONER,
CITY MUNICIPAL COUNCIL, SINDHANUR,
TQ: SINDHANUR, DIST: RAICHUR-584128.
4. THE TAHSILDAR, SINDHANUR,
DIST: RAICHUR-584128.
5. SRI KALAPPA AGGAD,
AGE ABOUT 48 YEARS,
R/O BATTE SHED, WARD NO.6,
KATIBASE, SINDHANUR,
RAICHUR.
6. SRI MEHABOOBSAB S/O KASHIMSAB,
AGE: 62 YEARS, OCC: MECHANIC,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
7. SRI AJMEERSAB S/O MUKKANISAB,
AGE: 28 YEARS, OCC: CHICKEN SHOP,
R/O WARD NO.6, KATIBASE,
-3-
NC: 2024:KHC-K:1866
WP No. 200034 of 2016
SINDHANUR, DIST: RAICHUR.
8. SRI RAGHAVENDRA,
AGED ABOUT 25 YEARS,
OCC: MOBILE DABBI,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
9. SRI ESHAAD HUSSAIN
S/O AJMEERSAB YATMARI,
AGED ABOUT 25 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
10. SRI AJMEERSAB S/O SHAIK HUSSAIN,
CHICHI YATMARI,
AGED ABOUT 65 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
11. SMT LAKSHMIBAI
W/O LATE MAHENDRASINGH,
AGED ABOUT 56 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
12. SRI BEEJUPASINGH S/O BALUSINGH,
AGED ABOUT 52 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
13. SMT MEHABOOBI W/O PEERSAB,
AGED ABOUT 65 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
14. SRI GAALIMSAB S/O PHEERSAB,
AGED ABOUT 40 YEARS,
R/O WARD NO.6, KATIBASE,
SINDHANUR, DIST: RAICHUR.
...RESPONDENTS
(BY SMT. ARATI PATIL, HCGP FOR R1, R2, R4;
-4-
NC: 2024:KHC-K:1866
WP No. 200034 of 2016
SRI. R.V. NADAGOUDA, ADVOCATE FOR R3, R11 & R12;
NOTICE TO R5 TO R8 SERVED;
SRI B.S.NASI, ADVOCATE FOR R9 AND R10;
SRI SHIVAKUMAR KALLOOR, ADVOCATE R13 AND R14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT OR DIRECTION OR ORDER WRIT IN THE NATURE OF
MANDAMUS DIRECTING THE 2ND RESPONDENT TO INITIATE
ACTION AS PER SECTION 39 AND 104 OF THE KARNATAKA
LAND REVENUE ACT, 1964 BY HANDLING OVER THE
POSSESSION OF PARADI.NO.8/4 (9999) IN OLD NO.4-1-121/1,
NEW NO.4-1-157/1, NOW NUMBERED AS 4-1-154/1,
MEASURING 6 GUNTAS OF LAND SITUATED AT SINDHANUR,
TQ: SINDHANUR, DIST: RAICHUR, TO THE PETITIONER VIDE
ANNEXURE-H.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard Smt.Ratna N.Shivayogimath, learned counsel
for petitioner, Sri R.V.Nadagouda, learned counsel for
respondent No.3 and Sri Shivakumar Kalloor, learned
counsel for respondent Nos.13 and 14 and learned High
Court Government Pleader for respondent Nos.1, 2 and
4/State.
2. The writ petition is with the following prayer :-
"Praying to issue writ or direction or order writ
in the nature of mandamus directing the 2nd
respondent to initiate action as per Section 39 and
NC: 2024:KHC-K:1866
104 of the Karnataka Land Revenue Act, 1964 by
handling over the possession of Paradi No.8/4 (9999)
in Old No.4-1-121/1, New No.4-1-157/1, now
numbered as 4-1-154/1, measuring 6 guntas of land
situated at Sindhanur, Tq: Sindhanur, Dist: Raichur,
to the petitioner vide Annexure-H".
3. During the course of hearing, Smt.Ratna
N.Shivayogimath, learned counsel for petitioner places on
record the order passed by the Coordinate Bench of this
Court in R.S.A.No.7384/2011 dated 07.07.2023 along with
a memo.
4. Since, R.S.A.No.7384/2011 is allowed in favour
of petitioners herein which is an executable order, no
further orders are necessary in this writ petition.
Accordingly, the following :
ORDER
i) The writ petition stands disposed of with
liberty for the petitioners to take recourse
under law in pursuance to the judgment of
the Coordinate Bench of this Court in
R.S.A.No.7384/2011.
Sd/-
JUDGE
