Karnataka High Court
Sri Basappa Menasagi vs Holebasayya S/O on 8 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:16365-DB
WA No. 100448 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT APPEAL NO. 100448 OF 2023 (LR)
BETWEEN:
SRI. BASAPPA,
AGED: 71 YEARS, OCC: AGRICULTURE,
R/AT. SHIRURA, TQ & DIST. BAGALKOT-587120.
...APPELLANT
(BY SRI. DEEPA PAVAN DODDATTI, ADVOCATE)
AND:
HOLEBASSAYYA S/O. BASAYYA YAMMI,
Digitally
signed by
JAGADISH T SINCE DECEASED BY HIS LR'S.
R
Location:
High Court of
Karnataka,
Dharwad 1. MALLAVVA W/O. BASAYYA YAMMI,
Bench
(SINCE DECEASED, RESPONDENT NO.2 & 3
ARE LRS OF DECEASED R1).
2. LAXMIBAI W/O. HOLEBASSAYYA YAMMI,
AGED: 60 YEARS, OCC: HOUSEHOLD WORK.
3. MAHANTAYYA S/O. HOLEBASSAYYA YAMMI,
AGED: 40 YEARS, OCC: COOLIE,
ALL ARE R/AT: SECTOR NO.30, PLOT NO.102A,
NAVANAGAR, BAGALKOTE-587103.
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NC: 2024:KHC-D:16365-DB
WA No. 100448 of 2023
IBRAHIMSAB @ GAFARSAB
S/O. ADAMSAB MULLA,
SINCE DECEASED BY HIS LRS.
4. SMT. JAMEENBEE W/O. GAFARSAB MULLA,
AGED: 90 YEARS, OCC: HOUSEHOLD WORK.
5. SRI. MEHABOOB S/O. GAFARSAB MULLA,
AGED: 50 YEARS, OCC: COOLIE.
6. HUSSEN S/O. GAFARSAB MULLA,
AGED: 45 YEARS, OCC: COOLIE.
7. SAKIB S/O. GAFARSAB MULLA,
AGED: 50 YEARS, OCC: COOLIE,
ALL R/AT. SHIRUR VILLAGE,
C/O. A.G. GOUDAR,
TQ & DIST: BAGALKOT-587120.
8. THE CHAIRMAN
LAND TRIBUNAL BAGALKOT.
...RESPONDENTS
(BY SRI. Y. R. JOGI, ADV. FOR R2 & R3;
SRI. G. K. HIREGOUDAR, GOVT. ADV. FOR R8;
NOTICE TO R4 TO R7 SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER PASSED BY
THIS HON'BLE COURT IN W.P.NO.2435 OF 2007 DATED 20/07/2018
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:16365-DB
WA No. 100448 of 2023
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed under Section 4 of the Karnataka
High Court Act, 1961, challenging the order dated
20.03.2018 passed by the learned Single Judge in
W.P.No.2435/2007 whereby, writ petition filed by
Holebasayya has been allowed and the order passed by
the Land Tribunal (for short 'Tribunal') dated 14.11.1986 is
set aside.
2. Brief facts of the case are that; land bearing Sy.
No.57/3 measuring 4 acres 5 guntas situated in Shirur
village, Bagalkote District. The father of Holebasayya and
vendor of appellant i.e., Ibrahimsab @ Gafarsab filed Form
No.7 under the Land Reforms Act, 1961, for occupancy
rights on 27.08.1974 and 04.12.1978 respectively. The
Tribunal by order dated 14.11.1986 has granted
occupancy rights in favour of Ibrahimsab. Being aggrieved
by the same, the son of Basayya i.e., Holebasayya has
filed a writ petition before this Court in
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W.P.No.2435/2007. This Court by order dated 20.03.2018,
has allowed the said writ petition on the ground that
Basayya has died, his legal representatives have not been
brought on record, the order passed by the Tribunal is
against the dead person. Being aggrieved by the order
dated 20.03.2018 passed by the learned Single Judge, the
appellant has filed this appeal.
3. Smt. Deepa Doddatti, learned counsel
appearing for the appellant has contended that after the
Tribunal has granted occupancy rights in favour of
Ibrahimsab, the appellant has purchased the above said
land by registered sale deed dated 01.01.2003. When the
appellant came to know about allowing of the writ petition,
he has filed an appeal before this Court.
a) She further contended that, even though
Basayya has died as on the date of order passed by the
Tribunal, his wife has appeared before the Tribunal and
given evidence, considering the same the Tribunal has
granted occupancy rights in favour of appellant vendor
Ibrahimsab. She further contended that the learned
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Single Judge after setting aside the order passed by the
Tribunal, has not remanded the matter back to the
Tribunal for fresh consideration. She further contended
that the order passed by this Court in writ petition against
the dead person. As on the day on 20.03.2018,
Ibrahimsab and the petitioner were died. Hence, she
sought for allowing the appeal.
4. Learned Government Advocate appearing for
the State has submitted that, this Court can allow the writ
appeal and send the matter back to the Tribunal for fresh
consideration after giving opportunity to all the parties.
5. Heard the learned counsel for the parties. None
appears for respondent Nos.2 and 3.
6. One Sri. Basayya and Ibrahimsab have filed
applications under Form No.7 for grant of occupancy rights
under the Land Reforms Act, 1961, in respect of land
bearing Sy.No.57/3 measuring 4 acres 5 guntas situated
in Shirur village, Bagalkote District. The Tribunal by
order dated 14.11.1986 has granted an occupancy rights
in favour of Ibrahimsab and rejected the claim of Basayya.
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The order of the Tribunal has been produced at Annexure-
B. Even though in the cause title of the order name of the
Basayya has been shown but in the order, it is very clear
that after the death of Basayya his wife has appeared and
given evidence. Annexure-B is very clear that after the
death of Basayya, his wife has been made as party and
she has appeared before the Tribunal and adduced
evidence. Without noticing the same, the learned Single
Judge has passed an order dated 20.03.2018 in W.P.
No.2435/2007, on the ground that the order passed by the
Tribunal is against dead person. Even when the learned
Single Judge has passed an order dated 20.03.2018, the
petitioner in W.P.No.2435/2007 was dead and respondent
No.2 in that writ petition is also dead. The order passed by
the learned Single Judge is against the dead person and
also while allowing the writ petition learned Single Judge
has not remitted back the matter to the Tribunal.
7. In view of above and in the interest of justice,
we are of the opinion that instead of remanding the matter
to learned Single Judge for re-consideration, the matter
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requires to be sent back to the Tribunal for fresh
consideration in accordance with law after impleading all
necessary parties.
8. Accordingly, the writ appeal is allowed. The
order dated 20.03.2018 passed in W.P.No.2435/2007 and
also the order dated 14.11.1986 passed by the Tribunal,
are set aside, the matter is remitted back to the Tribunal
with a direction to re-consider the matter afresh after
impleading legal representatives of Basayya and
Ibrahimsab and also appellant after giving notice to all the
parties, in accordance with law.
9. In view of dispose of the appeal, pending
applications, if any, are disposed of.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
SMM/ct-an
