Karnataka High Court
Syeda Zahida Bee vs The State Of Karnataka on 12 August, 2022
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 104347 OF 2021 (KLR-RR/SUR)
C/W
WRIT PETITION NO. 104321 OF 2021
WRIT PETITION NO. 104323 OF 2021
WRIT PETITION NO. 104324 OF 2021
WRIT PETITION NO. 104340 OF 2021
WRIT PETITION NO. 104341 OF 2021
IN WRIT PETITION NO. 104347 OF 2021
BETWEEN:
SURESHKUMAR S/O SEVARAAM LAKHOTIA
AGE 63 YEARS, OCC.BUSINESS/AGRICULTURE,
Digitally R/O. NO.3-A & B , GERA GRAND, GIDNEY PAARK,
signed by SALISBURY PARK, PUNE-411037, MAHARASHTRA
VISHAL
NINGAPPA BY HIS PA HOLDER
PATTIHAL SUNILKUMAR S/O SANTOSHKUMAR LAKOTIA
AGE 47 YEARS,
R/O DOOR NO. 637, WARD NO.29
7TH CROSS, M J NAGAR, HOSAPETE-583201
DIST: BALLARI
...PETITIONER
(BY SRI. K L PATIL & SRI.S.S.BETURMATH, ADVOCATES)
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C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS REVENUE SECRETARY
DEPARTMENT OF REVENUE
M.S. BUILDING, AMBEDKAR VEEDHI
BENGALURU-560 001
2. TAHASILDAR,
HOSAPETE TALUK
HOSAPETE 583 201
DIST. VIJAYANAGAR
3. ASSISTANT DIRECTOR OF LAND RECORDS
HOSAPETE TALUK
HOSAPETE 583 201, DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI.VINAYAK KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NO.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
HOLDING. B. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY
OTHER APPROPRIATE ORDER OR DIRECTION TO THE RESPONDENT
NO.1 TO HOLD ENQUIRY AGAINST THE RESPONDENT NOS.2 AND 3
FOR NON-COMPLIANCE OF THE ORDER PASSED BY THIS HON'BLE
COURT AND MAKING FALSE STATEMENT BEFORE THIS HON'BLE
COURT IN CCC NO.100295/2018 BY FILING A FALSE MEMO.
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
IN WRIT PETITION NO. 104321 OF 2021
BETWEEN:
1. ALEEM S AHMED
S/O. LATE SYED RAHIMUDDIN PASHA
AGE. 76 YEARS, OCC. BUSINESS/ AGRICULTURE
R/O. D.NO. 238/1, 3RD CROSS
BASAVESHWARA BADAVANE
HOSAPETE 583 201, DIST. BALLARI
2. SYED NYEEMUDDIN
S/O. LATE SYED RAHIMUDDIN PASHA
AGE. 74 YEARS, OCC. BUSINESS/AGRICULTURE
R/O. D.NO. 1856/1, 1ST CROSS
M.J. NAGAR, HOSAPETE 583 201,
DIST. BALLARI.
...PETITIONERS
(BY SRI. K L PATIL AND SRI.S.S.BETURMATH, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS REVENUE SECRETARY
DEPARTMENT OF REVENUE
M.S. BUILDING, AMBEDKAR VEEDHI
BENGALURU 560 001
2. TAHASILDAR,
HOSAPETE TALUK
HOSAPETE 583 201
DIST. VIJAYANAGAR
3. ASSISTANT DIRECTOR OF LAND RECORDS
HOSAPETE TALUK, HOSAPETE 583 201
DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI.VINAYAK KULKARNI, AGA)
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NO.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
HOLDING OF THE PETITIONERS. AND B. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NO.1 TO HOLD ENQUIRY AGAINST
THE RESPONDENT NOS.2 AND 3 FOR NON-COMPLIANCE OF THE
ORDER PASSED BY THIS HON'BLE COURT AND MAKING FALSE
STATEMENT BEFORE THIS HON'BLE COURT IN CCC NO.100295/2018
BY FILING A FALSE MEMO.
IN WRIT PETITION NO. 104323 OF 2021
BETWEEN:
SAJJANKUAMAR S/O JABBARMAL KAYAL
AGE: 58 YEARS, OCC. BUSINESS/ AGRICULTURE,
R/O. BASAVESHWARA BADAVANE,
16TH WARD, HOSAPETE 583201,DIST VIJAYANAGAR
...PETITIONER
(BY SRI. K L PATIL AND SRI.S.S.BETURMATH, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS REVENUE SECRETARY
DEPARTMENT OF REVENUE,
M.S BUILDING, AMBEDKAR VEEDHI,
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C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
BENGALURU-560001
2. TAHASILDAR
HOSAPETE TALUK
HOSAPETE -583201, DIST. VIJAYANAGAR
3. ASSISTANT DIRECTOR OF LAND RECORDS
HOSAPETE TALUK
HOSAPETE -583201, DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI.VINAYAK KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NO.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
HOLDING. AND B. ISSUE A WRIT IN THE NATURE OF MANDAMUS
OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT NO.1 TO HOLD ENQUIRY AGAINST THE RESPONDENT
NOS.2 AND 3 FOR NON-COMPLIANCE OF THE ORDER PASSED BY
THIS HON'BLE COURT AND MAKING FALSE STATEMENT BEFORE THIS
HON'BLE COURT IN CCC NO.100295/2018 BY FILING A FALSE MEMO.
IN WRIT PETITION NO. 104324 OF 2021
BETWEEN:
SYEDA ZAHIDA BEE
W/O LATE SYED KHALEELULLAH
AGE 77 YEARS,OCC. HOUSEWIFE/ AGRICULTURE,
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
R/O D.NO. 1224,
3RD CROSS, M. J NAGAR,
HOSAPETE-583201
DIST. VIJAYANAGAR
...PETITIONER
(BY SRI. K L PATIL, AND SRI.S.S.BETURMATH,ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS REVENUE SECRETARY
DEPARTMENT OF REVENUE,
M.S BUILDING, AMBEDKAR VEEDHI,
BENGALURU-560001
2. TAHASILDAR
HOSAPETE TALUK
HOSAPETE -583201
DIST. VIJAYANAGAR
3. ASSISTANT DIRECTOR OF LAND RECORDS
HOSAPETE TALUK
HOSAPETE -583201
DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI.VINAYAK KULKARNI, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NO.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
HOLDING. AND B. ISSUE A WRIT IN THE NATURE OF MANDAMUS
OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT NO.1 TO HOLD ENQUIRY AGAINST THE RESPONDENT
NOS.2 AND 3 FOR NON-COMPLIANCE OF THE ORDER PASSED BY
THIS HON'BLE COURT AND MAKING FALSE STATEMENT BEFORE THIS
HON'BLE COURT IN CCC NO.100295/2018 BY FILING A FALSE MEMO.
IN WRIT PETITION NO. 104340 OF 2021
BETWEEN:
J.N. PARASHURAM S/O J N VENKOBANNA
AGE. 41 YEARS,
OCC. AGRICULTURE,
R/O. 33RD WARD,
JAMBHUNATHANAHALLI KERI,
HOSAPETE 583201,
DIST. VIJAYANAGAR.
...PETITIONER
(BY SRI. K L PATIL AND SRI.S.S.BETURMATH,ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS REVENUE SECRETARY,
DEPARTMENT OF REVENUE,
M S BUILDING, AMBEDKAR VEEDHI,
BENGALURU 560001
2. TAHASILDAR
HOSAPETE TALUK,
HOSAPETE 583201,
DIST. VIJAYANAGAR.
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
3. ASSISTANT DIRECTOR OF LAND
RECORDS HOSAPETE TALUK
HOSAPETE 583201,
DIST. VIJAYANAGAR.
...RESPONDENTS
(BY SRI.VINAYAK KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NOS.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
HOLDING. AND B. ISSUE A WRIT IN THE NATURE OF MANDAMUS
OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT NO.1 TO HOLD ENQUIRY AGAINST THE RESPONDENT
NOS.2 AND 3 FOR NON-COMPLIANCE OF THE ORDER PASSED BY
THIS HON'BLE COURT AND MAKING FALSE STATEMENT BEFORE THIS
HON'BLE COURT IN CCC NO.100301/2018 BY FILING A FALSE MEMO.
IN WRIT PETITION NO. 104341 OF 2021
BETWEEN:
SYEDA MUKHTARUNISA
W/O LATE SYED MUNEER AHMED
AGE: 72 YEARS, OCC. HOUSEWIFE/AGRICULTURE
R/O. D.NO. 1021, 2ND CROSS, M.J. NAGAR,
HOSAPETE 583 201, DIST. VIJAYANAGAR
...PETITIONER
(BY SRI. K L PATIL. AND S.S.BETURMATH, ADVOCATES)
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
AND:
1. THE STATE OF KARNATAKA
REPD. BY ITS REVENUE SECRETARY
DEPARTMENT OF REVENUE
M.S BUILDING, AMBEDKAR VEEDHI
BENGALURU 560 001
2. TAHASILDAR,
HOSAPETE TALUK
HOSAPETE 583 201
DIST. VIJAYANAGAR
3. ASSISTANT DIRECTOR OF LAND RECORDS
HOSAPETE TALUK
HOSAPETE 583 201, DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI.VINAYAKA KULKARNI, AGA)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR
DIRECTION TO THE RESPONDENT NOS.2 AND 3 TO SUB-DIVIDE THE
PROPERTY BEARING SY.NO.114 OF JAMBUNATH HALLI OF HOSAPETE
TALUK BY FIXING THE BOUNDARIES OF THE EXTENT OF HIS
HOLDING. AND B. ISSUE A WRIT IN THE NATURE OF MANDAMUS
OR ANY OTHER APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT NO.1 TO HOLD ENQUIRY AGAINST THE RESPONDENT
NOS.2 AND 3 FOR NON-COMPLIANCE OF THE ORDER PASSED BY
THIS HON'BLE COURT AND MAKING FALSE STATEMENT BEFORE THIS
HON'BLE COURT IN CCC NO.100300/2018 BY FILING A FALSE MEMO.
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WP No. 104347 of 2021
C/W WP No. 104321 of 2021
WP No. 104323 of 2021
WP No. 104324 of 2021
WP No. 104340 of 2021
WP No. 104341 of 2021
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY. THE COURT MADE/DELIVERED THE
FOLLOWING.
ORDER
The case of the petitioners in all the writ petitions is that they are owners of certain lands in Sy.No.114 of Jambunatha halli village, Hospete taluk and that they have requested respondent Nos.2 and 3 to sub-divide the properties as per their holdings by fixing boundaries. As their request has not been considered, the instant writ petitions are filed.
2. Learned AGA upon instructions submits that the petitioners have preferred W.P.No.108090/2017 and other connected writ petitions in respect of the same prayer and the said writ petitions were disposed of with a direction to the respondents-authorities to consider the case of the petitioners on merits. Aggrieved by the same, the State
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WP No. 104347 of 2021 C/W WP No. 104321 of 2021 WP No. 104323 of 2021 WP No. 104324 of 2021 WP No. 104340 of 2021 WP No. 104341 of 2021 has preferred W.A.No.100067/2022 and connected matters and this Court was pleased to dismiss the same upholding the order passed in the writ petitions. He further submits that the State has accepted the decision filed in writ appeal and they are going to consider the case of the petitioners on merits in accordance with law and take appropriate decision thereafter. It is submitted that after disposal of the W.P.No.108090/2017 and connected matters, the instant writ petitions are filed and in the light of order passed in W.A.No.100067/2022 and connected matters, the present writ petitions have become infructuous.
3. Hence, the present writ petitions are dismissed as having become infructuous.
Sd/-
JUDGE HMB