Karnataka High Court
Shakeel Ahmed S/O Nayeem Pasha Bagmare vs Basher Ahmed S/Jo Modinsab Choudhari ... on 6 March, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:2003
WP No. 201048 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
WRIT PETITION NO. 201048 OF 2017 (KLR-RR/SUR)
BETWEEN:
SHAKEEL AHMED
S/O NAYEEM PASHA BAGMARE,
AGE: 35 YEARS,
OCC: BUSINESS,
R/O SAKAF ROZA GALLI,
VIJAYAPURA.
...PETITIONER
(BY SRI. B. K. HIREMATH, ADVOCATE)
AND:
1. BASHER AHMED
S/O MODINSAB CHOUDHARI
AGE: 76 YEARS,
Digitally signed OCC: BUSINESS,
by SHILPA R R/O CHOUDHARI COMPLEX
TENIHALLI
MAHAVEER ROAD,
Location: High
Court Of VIJAYAPURA-586101.
Karnataka
2. THE CITY SURVEY OFFICER,
O/O ASST. DIRECTOR OF LAND RECORDS,
VIJAYAPURA-586101.
3. THE DEPUTY DIRECTOR OF LAND RECORDS
EX-OFFICIO ASST. TECHNICAL DIRECTOR
VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. VINAYAK APTE, ADVOCATE FOR R1;
SRI. VEERANAGOUDA MALIPATIL HCGP, FOR R2 AND R3)
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NC: 2024:KHC-K:2003
WP No. 201048 of 2017
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSITTUTION OF INDIA, THIS HON'BLE
COURT BE PLEASED TO ALLOW WRIT PETITION PRAYING TO A
WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER
PASSED BY RESPONDENT NO.3 FILED NO-CTS-APL-SR-2/2012-
13 ON DATED-25.01.2017 VIDE ANNEXURE-B, B) A WRIT OF
MANDAMUS BE ORDERED BY DIRECTING THE RESPONDENT
NO.3 SHOULD NOT DELETE THE NAME OF THE PETITIONER IN
CTS RECORDS, MORE PARTICULARLY PERTAINING TO CTS
NO.11/1A MEASURING 65X86 SQ. MTRS. OF WARD NO.6 OF
VIJAYAPURA CITY.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP,, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Writ petition is filed with the following prayer:
"Hence, it is most humbly prayed that, this Hon'ble
Court be pleased to allow writ petition filed by the
petitioner and issue:
a. A writ of certiorari quashing the impugned order
passed by respondent No. 3 file No. CTS:APL:SR-2/2012-
13 on dated 25-1-2017 vide Annexure-B, in the interest
of justice and equity.
b. A writ of mandamus be ordered by directing the
respondent No. 3 should not delete the name of the
petitioner in CTS records, more particularly pertaining to
CTS No. 11/1A measuring 65 x 86 Sq. Mtrs. of Ward No.
6 of Vijayapura city.
c. Any other order, writ, or direction as this
Hon'ble Court deems fit may kindly be granted."
NC: 2024:KHC-K:2003
2. Grievance of the petitioner is that he has been
protected by an order of permanent injunction by the judgment
passed in O.S.No.643/2009 dated 02.03.2015. Petitioner is the
second plaintiff in the said suit.
3. Despite the same, the third respondent without
evicting the petitioner from the suit property in accordance with
law, passed an order vide Annexure-B, canceling the entries
made in the records in respect of ward No.6 in respect of the
property which was the subject matter of the suit.
4. Said action is called in question by the writ
petitioner.
5. Learned High Court Government Pleader and
learned counsel for the first respondent, no doubt tried to
persuade the Court that the petitioner is only a lessee and not
the owner in possession of the property and therefore, the
impugned order under Annexure-B is justified.
NC: 2024:KHC-K:2003
6. In view of the rival contentions of the parties, this
Court perused the material on record. On such perusal, it is
crystal clear that the suit came to be filed by the petitioner
herein who was the second plaintiff and there is an order of
injunction, protecting the possession of the property of the
petitioner with liberty for the Authorities to take action in
accordance with law.
7. In other words, without initiating any proper
proceedings, writ petitioner should not be evicted from the
subject matter of the property. Despite the same, instead of
taking action by terminating the lease of the petitioner or any
other recourse under the law, canceling the entries in the
registers maintained by the Government is uncalled for and
therefore, a case is made out for quashing Annexure-B.
Hence, the following:
ORDER
Writ petition is allowed.
NC: 2024:KHC-K:2003
Impugned order file No.CTS:APL:SR-2/2012-13 at
Annexure-B is hereby quashed.
However, respondent Nos.2 and 3 are at liberty to take
appropriate action in accordance with law for eviction of the
writ petitioner.
Sd/-
JUDGE
MR
CT:SI
