- 1 - NC: 2025:KHC:9069 WP No. 26906 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26906 OF 2014 (LR-SEC 48A) BETWEEN: 1. LATE SRI.MOHAMMED HUSSAIN KHATIBI SINCE DECEASED BY HIS LEGAL HEIRS., 1(a) ABDULLA HUSSAIN S/O LATE MOHAMMED HUSSAIN KHATIBI AGED ABOUT 72 YEARS, 1(b) KHATIB MOHAMMED TAYYED S/O LATE MOHAMMED HUSSAIN KHATIBI, AGED ABOUT 64 YEARS, BOTH ARE R/AT NAGAPPA NAYAK ROAD, BHAKTKAL, UTTAR KANNADA DISTRICT. 2. SRI. MOHAMMED UMAR KHATIBI AGED ABOUT 78 YEARS, 3. SRI. MOHAMMED GAZALI KHATIBI AGED ABOUT 69 YEARS, 4. SRI. MOHAMMED ZUBAIR KHATIBI AGED ABOUT 58 YEARS, 5. SMT. BIBI AMEENA AGED ABOUT 64 YEARS, 6. SMT. BIBI HAFSA AGED ABOUT 62 YEARS, 7. SRI. ABDUL KADIR BASHA AGED ABOUT 65 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9069 WP No. 26906 of 2014 8. SRI. ABDUR RUB AGED ABOUT 48 YEARS, 9. SMT. KHATEEZAT-UI-KUBRA, W/O MAHMOOD GUDA, AGED ABOUT 62 YEARS, 10. SMT. BIBI HAJIRA W/O JALALUDIN RUKNUDDIN, AGED ABOUT 56 YEARS, 11. SMT. BIBI RUKHIYA W/O SYED MOHIDDIN BARMAWAR, AGED ABOUT 52 YEARS, PETITIONER No.1 TO 6 ARE CHILDREN OF LATE KAZI ABUBAKER SAHEB AND ARE RESIDENT OF BHATKAL, THE PETITIONERS No.1, 2, 3, 4 AND 6 ARE REPRESENTED BY THE PETITIONER No.4 AS GPA HOLBER, AND HE IS RESIDING AT ZUBIR MANZIL, 1ST CROSS BUNDER ROAD, BHATKAL – 581 230. PETITIONER No.7 TO 11 ARE CHILDREN, OF LATE SRI. MOHAMMED AHEMED KHATEEBI, ALL ARE R/O AZAD NAGAR, BHATKAL UTTAR KANNADA DISTRICT, REPRESENTED BY GPA HOLBER SRI. MOHAMMED ZUBARI KHATIBI, R/AT ZUBIR MANZIL, 1ST CROSS BUNDER ROAD, BHATKAL-581320 (BENEFITS APPLICABLE TO SENIOR CITIZENS IS NOT CLAIMED BY THE PETITIONERS) …PETITIONERS (BY SRI. AJITH ANAND SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, - 3 - NC: 2025:KHC:9069 WP No. 26906 of 2014 M.S. BUILDING, BANGALORE- 560001 REPRESENTED BY ITS SECRETARY. 2. THE LAND TRIBUNAL BY ITS SECRETARY, KUNDAPUR, KUNDAPUR TALUK 3. SRI. MANUNATH S/O RAMAPOOJARY AGE: MAJOR (LEGAL REPRESENTATIVE OF DECEASED LACHHAYYA NAMADARI, THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI.10803/80-81) 4. SRI. NARAYANA NAMADARI LACHHAYYA NAMADARI AGE: MAJOR APPLICANT BEFORE LAND TRIBUNAL IN CASE NO.TRI.10803/80-81) 5. SMT. PADMAVATHI MAJOR LEGAL REPRESENTATIVE OF JAGATHKAL SHANKAR-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO.TRI. 10805/80-81 6. SMT. PADMAVATHI MAJOR, LRS OF SHANKARA S/O MAHADEVI, THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI 10805/80-81 7. SMT. SEETHU, 8. MACHHA 9. SHUBBA 10. SMT. HIRIYAKKA 11. CHIKKAMMA - 4 - NC: 2025:KHC:9069 WP No. 26906 of 2014 12. SMT. KALAMMA 13. SMT. CHIKKAMMA RESPONDENTS No.7 TO 13 ALL ARE MAJORS IN AGE AND ARE LEGAL REPRESENTATIVES OF MOOKKANA MANE KUPPA-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE No TRI.10807/80-81 14. SMT. MANJAMMA AGE: MAJOR, 15. SMT. LAKSHMI AGE: MAJOR, 16. SMT. MAMATHA AGE: MAJOR, (RESPONDENT No.14 TO 16 ARE DAUGHTERS OF LATE KUPPA HENGSU-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE No.TRI.10809/8081 17. SRI. MANJAYYA, AGE: MAJOR, SON AND LEGAL REPRESENTATIVE OF LATE GANAPPAYYA-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO.TRI. 10809/80-81. 18. SRI. MACHHA GOLIBERU S/O LATE DURGI AGE: MAJOR, APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI. 10810/80-81. 19. LAKSHMANA POOJARI AGE: MAJOR, LEGAL REPRESENTATIVE OF DECEASED NAYAKARA MANJAYYA-THEAPPLICANT BEFORE LAND TRIBUNAL IN CASE NO.TRI. 10811/80-81. - 5 - NC: 2025:KHC:9069 WP No. 26906 of 2014 20. SRI. ANNAPPA S/O GOLIBERU SANNAMMA, AGE: MAJOR, APPLICANT BEFORE LAND TRIBUNL IN 21. SRI. NARAYANA POOJARY S/O SANNAMMA, AGE: MAJOR, LEGAL REPRESENTATIVE OF NAGAMMA DAUGHTER OF SANNAMMA-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI. 10813/80-81. 22. SRI. BABU 23. SRI. MANJUNATH 24. SMT. PARVATHI R-22 TO R-24 ALL ARE MAJOR IN AGE CHILDREN OF LATE MANJU-THE APPLICANT BEFORE LAND TRIBUNAL IN CASE No TRI 10814/80-81 25. SMT. LAKSHMI 26. LATE SRI. GOVINDA SINCE DECEASED BY HIS LEGAL HEIRS., 26(a) SMT. GIRIJA, W/O LATE GOVINDA, AGED ABOUT 66 YEARS, 26(b) SRI. VISHWANATH, S/O LATE GOVINDA, AGED ABOUT 45 YEARS, 26(c) SMT. NETHRAVATHI, D/O LATE GOVINDA, AGED ABOUT 43 YEARS, 26(d) SRI. RAJU, - 6 - NC: 2025:KHC:9069 WP No. 26906 of 2014 S/O LATE GOVINDA, AGED ABOUT 41 YEARS, 26(e) SRI. GOPAL, S/O LATE GOVINDA, AGED ABOUT 38 YEARS, 26(f) SMT. KALAVATHI, D/O LATE GOVINDA, AGED ABOUT 35 YEARS, ALL ARE R/AT GOLIBERU OF BYNDOOR TALUK, UDUPI DISTRICT-576 214. 27. SRI. NARAYANA NEPHEW OF LATE MUDRAMAKKI CHENNA, AGE: MAJOR, APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI. 10816/80-81. 28. SRI. RAMA 29. SRI. NAGAPPA 30. SMT. PARVATHI 31. SMT. MOOKAMBU 32. SMT. DEVAMMA, 33. SRI. MARLI 34. SRI. MAHABALESHWAR 35. SRI. PURUSHOTHAMA 36. SMT. THARA R-28 TO R-36 ARE MAJORS IN AGE, LEGAL REPRESENTATIVES OF DECEASED BACHHA, SON OF MANJA THE APPLICANT BEFORE LAND TRIBUNAL IN CASE NO. TRI. 10817/80-81. - 7 - NC: 2025:KHC:9069 WP No. 26906 of 2014 37. SMT. THIMMU W/O ANNAPPA 38. SMT. DHARU 39. SMT. NAGARATHNA W/O MAHABALESH 40. SMT. ABBAKKA W/O MUDURA R-37 TO 40 ARE MAJORS IN AGE, CHILDREN OF LATE DEVARA KITHLU-THE APPLICANT BEFORE THE LAND TRIBUNAL IN CASE NO. TRI. 10818/80-81. R-3 TO R-39 ARE R/AT GOLIBERU OF BYNDOOR VILLAGE AND KUNDAPURA TALUK. …RESPONDENTS (BY SMT. VAHEEDA., AGA FOR R-1 & R-2; SRI. K.CHANDRANATH ARIGA., ADVOCATE FOR R-4, R-5, R-7, R-8, R-10, R-12, R-14, R-16, R-18 TO R-22, R-25, R-27, R-28 & R-37; R-3, R-6, R-9, R-15, R-17, R-23, R-24, R-29 TO R-36, R-38 TO R-40 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 14.07.2021, PETITION STANDS ABATED AS AGAINST R-11 & R-13; R-26(a) TO R-26(f) ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMON ORDER DT.5.1.13, PASSED BY THE LAND TRIBUNAL PRODUCED AT ANN-Y IN RESPECT OF THE CASE NOS.1) TRI.10803/80-81 2)TRI.10804/80-81 3) TRI.10805/80-81 4) TRI.10806/80-81, 5) TRI.10807/80-81 6) TRI.10808/80-81, 7) TRI.10809/80-81 8) TRI.10810/80-81, 9) TRI.10811/80-81 10) TRI.10812/80-81, 11) TRI.10813/80-81, 12)TRI.10814/80-81, 13) TRI.10815/80-81 14) TRI.10816/80-81, 15) TRI.10817/80- 81 16) TRI.10818/80-81, ETC. - 8 - NC: 2025:KHC:9069 WP No. 26906 of 2014 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 1. This petition is filed challenging the order of the Land Tribunal, by which, the Tribunal conferred occupancy rights on the tenant. 2. It is the case of the landlord that though the Tribunal has recorded a finding that the landlord Mohammed was no more and his brother who had appeared before the Tribunal stated that Mohammed had left behind him five children, it has proceeded to pass an order on merits of the claim against a dead person. 3. It is pointed out by the learned counsel appearing for the tenant that the Tribunal was compelled to pass the order since there was no representation on behalf of the landlord and since there was no contest of the application filed by the tenant. - 9 - NC: 2025:KHC:9069 WP No. 26906 of 2014 4. A perusal of the order sheet indicates that on 28.05.2011, the Tribunal was informed about the death of landlord Mohammed and this information was given to it by the brother of the deceased landlord, who also informed that the deceased had left behind him five children. The subsequent order dated 16.07.2011 also indicates that the matter was adjourned to enable the details of the legal representatives to be furnished and the efforts would be made for their effective representation. Ultimately, on 24.01.2012, the order sheet merely indicates that the notice was sent by RPAD and the same was returned and the matter posted for orders on 05.01.2013. These facts would therefore indicate that the order was passed against a dead person who had left behind him five children as his legal representatives. 5. It is settled law that no order can be passed against a dead person. In that view of the matter, the - 10 - NC: 2025:KHC:9069 WP No. 26906 of 2014 impugned order is set aside and the matter is remanded to the Tribunal for fresh consideration. The Land Tribunal shall notify all the persons concerned and thereafter decide the matter afresh. 6. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 48