Karnataka High Court
Hasanasaheb Allasaheb Pendari vs State Of Karnataka on 30 May, 2018
Bench: Vineet Kothari, H.B.Prabhakara Sastry
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Date of Judgment: 30.05.2018
WA No.100058/2014
Hasansab Allasaheb Pendari since deceased by his L.rs.
Vs.
The State of Karnataka and others.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2018
PRESENT
THE HON'BLE DR. JUSTICE VINEET KOTHARI
AND
THE HON'BLE DR. JUSTICE H. B. PRABHAKARA SASTRY
WRIT APPEAL No.100058 OF 2014 (LR)
BETWEEN:
1 HASANSAB ALLASAHEB PENDARI,
SINCE DECEASED BY HIS L.RS.
1(A) AMINA W/O. NAZERAHMED DHARWADKAR,
AGE 50 YEARS, OCC: HOUSEHOLD,
R/O. VANASHREE NAGAR, SATTUR, DHARWAD
DIST. DHARWAD.
1(B) KAHIRUNISSA W/O. ABDUL HAMMED SHAIKH,
AGE 46 YEARS, OCC: HOUSEHOLD,
R/O. VANASHREE NAGAR, SATTUR,
DHARWAD, DIST. DHARWAD.
1(C) RAJAMA W/O. NAZEER AHMED SHAIKH,
AGE 48 YEARS, OCC: HOUSEHOLD,
R/O. HAVERIPETH, SAVADATTI ROAD,
DHARWAD, DIST. DHARWAD.
1(D) CHANDABI W/O. GOUSUSAB PENDARI,
AGE 26 YEARS, OCC: HOUSEHOLD,
R/O. SAPTAPUR, DHARWAD, DIST. DHARWAD.
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Date of Judgment: 30.05.2018
WA No.100058/2014
Hasansab Allasaheb Pendari since deceased by his L.rs.
Vs.
The State of Karnataka and others.
1(E) MAHABOOBI W/O. WAJIRSAB BARIGIDAD,
AGE 24 YEARS, OCC: HOUSEHOLD,
R/O. YAKKUNDI VILLAGE, TQ. SAVADATTI,
DIST. BELGAUM.
1(F) FATHIMA W/O. YUSUF KALADAGI,
AGE 22 YEARS, OCC: HOUSEHOLD,
R/O. JAVAL GALLI, GADAG,
DIST. GADAG.
1(G) AMINSAB S/O. HASANSAB PENDARI,
AGE 44 YEARS, OCC: AGRICULTURE,
1(H) MAHABOOBSAB S/O. HASANSAB PENDARI,
AGE 41 YEARS, OCC: AGRICULTURE,
1(I) MOHAMMEDALI S/O. HASANSAB PENDARI,
AGE 36 YEARS, OCC: AGRICULTURE,
1(J) ISMAILSAB S/O. HASANSAB PENDARI,
AGE 34 YEARS, OCC: COOLIE,
1(K) AKBARSAB S/O. HASANSAB PENDARI,
AGE 32 YEARS, OCC: COOLIE,
1(L) SHAUKATALI S/O. HASANSAB PENDARI,
AGE 30 YEARS, OCC: COOLIE,
1(M) NASIRAHMED S/O. HASANSAB PENDARI,
AGE 28 YEARS, OCC: COOLIE,
ALL ARE R/O. HOYASAL NAGAR, DHARWAD,
DIST. DHARWAD.
2. HUSSAINSAB ALLASAAHEB PENDARI,
SINCE EXPIRED HIS LEGAL HEIRS.
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Date of Judgment: 30.05.2018
WA No.100058/2014
Hasansab Allasaheb Pendari since deceased by his L.rs.
Vs.
The State of Karnataka and others.
2A. ASHABHI HUSSAINSAB PENDARI
2B. IQUBAL SAB HUSSAINSAB PENDARI
2C. BASHIRAHAMED HUAASAINSAB PENDARI,
2D. ABDULSAB HUAASAINSAB PENDARI,
2E. SMT. RASHIDA BEGUM H. TINNWALE,
D/O. HUSSAINSAB
2F. SMT. JARINA BEGUM S. BAGGUR.
2G. RAMEJA BEGUM H. PENDAR,
D/O. HUSSAINSAB
ALL ARE RESIDING NEAR
KANNADA SCHOOL NO.12,
SAPTAPUR, DHARWAD.
...APPELLANTS
(SRI. F.V.PATIL, ADV. FOR APPELLANTS)
AND
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF REVENUE,
M.S.BUILDING, BENGALURU.
2. CHAIRMAN,
LAND TRIBUNAL,
DHARWAD.
3. ARUN M. SATHE,
SINCE EXPIRED HIS LEGAL HEIRS.
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Date of Judgment: 30.05.2018
WA No.100058/2014
Hasansab Allasaheb Pendari since deceased by his L.rs.
Vs.
The State of Karnataka and others.
3A. SAROJA ARUN SATHE,
AGE 59 YEARS, OCC: PENSIONER,
R/O. 8TH CROSS, SAPTAPUR,
DHARWAD.
3B. RESHMA D/O. ARUN SATHE,
AGE 36 YEARS, OCC: PRIVATE SERVICE,
R/O. 8TH CROSS, SAPTAPUR,
DHARWAD.
....RESPONDENTS.
(SMT. VEENA HEGDE, AGA FOR R1 & R2 ;
SRI. SHASHANK HEGDE, ADV. FOR C/R3A & R3B)
(CP NO.2207/2013)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, AND RULE 27
OF THE WRIT PROCEEDINGS RULES, PRAYING TO SET
ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE
DATED 11.12.2013 PASSED IN WRIT PETITION
NO.14046/2003 AND THE WRIT PETITION MAY KINDLY BE
ALLOWED WITH A DIRECTION TO THE LAND TRIBUNAL
TO CONFER OCCUPANCY RIGHTS TO THE TENANT IN
RESPECT OF THE LAND BEARING BLOCK NO.249
MEASURING 19 ACRES 20 GUNTAS AT KELAGERI
VILLAGE, TQ AND DIST. DHARWAD AFTER SETTING
ASIDE THE ORDER OF THE LAND TRIBUNAL, DHARWAD
DATED 04.03.2002 VIDE ANNEXURE-L.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
DR. VINEET KOTHARI, J., DELIVERED THE FOLLOWING:
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Date of Judgment: 30.05.2018
WA No.100058/2014
Hasansab Allasaheb Pendari since deceased by his L.rs.
Vs.
The State of Karnataka and others.
JUDGMENT
1. The learned counsel for the Appellants wants to withdraw the present Appeal in view of the settlement of the dispute between the parties in RSA No.5333/2009.
2. The appeal is accordingly dismissed as withdrawn.
Sd/-
JUDGE Sd/-
JUDGE *Svh/-