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2025 DAILYLAW 15284 (KAR)

NOOR AHMED v. THE STATE OF KARNATAKA

WP/24297/2016 · 2025-03-06

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:9800 WP No. 24297 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 24297 OF 2016 (LR) BETWEEN: 1. NOOR AHMED, SINCE DECEASED 1(a) SURUR AHMED, SINCE DECEASED BY LRS, 1(a)(i) MUJEEB UNNISA, W/O LATE SURUR AHMED, AGED ABOUT 50 YEARS, 1(a)(ii) SHABAZ SUNAIN, D/O LATE SURUR AHMED, AGED ABOUT 25 YEARS, 1(a)(iii) MEHARAD AHMED, S/O LATE SURUR AHMED, AGED ABOUT 28 YEARS, ALL ARE RESIDING AT MAKKAJI CHOWK, MANDI MOHALLA, MYSORE - 570 021. …PETITIONERS (BY SRI. M.G. JAVEED AHMED KHAN., ADVOCATE (ABSENT)) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9800 WP No. 24297 of 2016 AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE TAHASILDAR, HUNSURU TALUK, HUNSURU - 57. 3. SRI.C.SRINIVAS, S/O T.N.CHINNASWAMY, AGED ABOUT 80 YEARS, R/AT NO.403, B BLOCK, 10TH MAIN, J.P.NAGAR, MYSORE - 570 007. 4. SRI.ABDULLA KHAN @ CHOTESAB, MAJOR, SINCE DECEASED BY LRS, 4(a) RIYAZ KHAN, S/O LATE ABDULLA KHAN, AGED ABOUT 30 YEARS, R/AT R.R.NO.5972, HAND POST, HOSA-BADAVANIGE, H.D.KOTE TALUK, MYSORE DISTRICT - 570 007. …RESPONDENTS (BY SMT.SAVITHRAMMA, AGA FOR R1 AND R2; SRI.G.BALAKRISHNA SHASTRY, ADVOCATE FOR R4(a); R3 IS SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:9800 WP No. 24297 of 2016 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL OF THE RECORDS IN KLRF NO.42/79-80 AND LRF 37/78-79 ON THE FILE OF THE LAND TRIBUNAL, HUNSUR; QUASH THE ORDER AT ANNEX-E DATED 20.09.2011 PASSED IN LRF. 37/78-79 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petitioner is challenging the rejection of Form No.7 filed by the deceased father of the petitioner Noor Ahmed. 2. The Tribunal has rejected the application on the ground that even prior to the filing of Form No.7 by Noor Ahmed, an application has been filed by the 4th respondent before the Land Tribunal at Hunsur and he was conferred occupancy rights by order dated 26.05.1979 and he had also been issued Form No.10 on 04.09.1981. The - 4 - NC: 2025:KHC:9800 WP No. 24297 of 2016 record indicates that the petitioner has not challenged the order passed in favour of 4th respondent and consequently, the petitioner cannot claim occupancy rights in respect of the land, which was already granted to the 4th respondent. 3. In my view, the Land Tribunal has correctly rejected the claim of the petitioner and there is no justification in entertaining the petition and therefore, petition is dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PSJ List No.: 1 Sl No.: 55