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2025 DAILYLAW 24986 (KAR)

SYED SIBAGATHULLA v. THE SPECIAL TAHASILDAR

WP/12232/2025 · 2025-04-24

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16891 WP No. 12232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12232 OF 2025 (KLR-RES) BETWEEN: 1. SYED SIBAGATHULLA S/O SYED ABDUL KHADER AGED ABOUT 76 YEARS, SENIOR CITIZENS BENEFITS NOT CLAIMED R/AT NO. 62, MDM ROAD, ISMAIL SAIT ROAD, PULAKESHI NAGAR, FRAZER TOWN, BANGALORE-560005. 2. MRS. DURRE SHAVAR SYEDA W/O KHALID PASHA RAUF MOHAMMED, AGED ABOUT 46 YEARS, R/AT NO. 62, MARGANDA DEVA MUDALIAR, FRASER TOWN, BANGALORE- 560005. 3. SYED ZAHEERULLAH S/O SYED SIBAGATHULLA AGED ABOUT 43 YEARS, R/AT NO. 62, MDM ROAD, ISMAIL SAIT ROAD, PULAKESHI NAGAR, FRAZER TOWN, BANGALORE-560005 REPRESENTED BY THEIR G.P.A. HOLDER PETITIONER NO. 1 4. SYED AHMED ULLAH S/O SYED SIBAGATHULLA AGED ABOUT 40 YEARS, R/AT NO. 62, MDM ROAD, ISMAIL SAIT ROAD, PULAKESHI NAGAR, FRAZER TOWN, BANGALORE-560005. 5. SYED ARIF ULLAH Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16891 WP No. 12232 of 2025 S/O SYED SIBAGATHULLA AGED ABOUT 34 YEARS, R/AT NO. 62, MDM ROAD, ISMAIL SAIT ROAD, PULAKESHI NAGAR, FRAZER TOWN, BANGALORE-560005. REPRESENTED BY THEIR G.P.A. HOLDER PETITIONER NO. 1 …PETITIONERS (BY SRI. SHRAVAN BHARADWAJ.B.V., ADVOCATE FOR SRI. SACHIN B S., ADVOCATE) AND: 1. THE SPECIAL TAHASILDAR BENGALURU NORTH TALUK, GROUND FLOOR, KANDAYA BHAVAN, K. G.ROAD, BENGALURU-560009 2. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION BANGALORE-56001 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 29.01.2024 ISSUED BY THE RESPONDENT NO. 1 AS PER ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:16891 WP No. 12232 of 2025 ORAL ORDER 1. The issues raised in this Writ Petition are covered by the decision rendered by this Court in W.P.No.33906/2024, which was disposed of on 09.04.2025. 2. In the light of the above and for the very same reasons mentioned in W.P. No.33906/2024 , the impugned order is quashed and the Thasildar is directed to implement the order of the Assistant Commissioner and register the name of the petitioner in accordance with the registered instrument that the petitioner has secured. 3. As already observed the said entry would, however, be subject to the result of the Miscellaneous Petition that may be filed by the plaintiffs whose suit has been dismissed for non-prosecution. If the petitioners’ claim that they are the legal heirs of the purchaser, the Thasildar shall also examine their - 4 - NC: 2025:KHC:16891 WP No. 12232 of 2025 claim regarding them being the legal heirs and mutate their names in the revenue records. This Writ Petition is, accordingly, allowed. 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 33