- 1 - NC: 2025:KHC-D:3192 WP No. 101114 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101114 OF 2024 (LR) BETWEEN: MAMAJIGANI W/O MAHAMMADRASUR SHIGGAV D/O HUSENSAB DALAL AGE 26 YEARS, OCC. HOUSEWIFE R/AT MITHAYIGAR ONI, KALAGHATAGI DIST. DHARWAD 581024 …PETITIONER (BY SRI. GOURISHANKAR H MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU 560001 2. THE PROJECT DIRECTOR DISTRICT URBAN DEVELOPMENT CELL D.C. COMPOUND, DHARWAD 580001 3. PARAMESHWAR HANAMANTAPPA KUSUGAL (DECEASED) SMT PARVATI W/O PARAMESHWAR KUSUGAL AGE YEARS 61 YEARS 4. SMT NETRAVATI W/O CHANDRASHEKAR BENNI AGE MAJOR ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:06 +0530 - 2 - NC: 2025:KHC-D:3192 WP No. 101114 of 2024 5. SMT LAXMI W/O MANJUNATH BENNI AGE MAJOR 6. SMT PREETI W/O PRABHU BALAGI AGE MAJOR, 7. SMT DEEPA W/O PRASHACHIT RADDER AGE MAJOR ALL RESPONDENT NO.3 TO 7 ARE R/AT SANGATIKOPPA KALAGHATAGI, DIST. DHARWAD 581204 …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1 & R2; SMT NIRMALA B.G., ADVOCATE FOR R3 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2 DATED. 10/02/2023 IN NUM.KLR.7A/S.R/SANGATIKOPPA/02 (ANNEXURE-F) AFTER HOLDING THAT LATE PARAMESHWAR HANAMANTAPPA KUSUGAL WAS NOT TENANT AS ON THE APPOINTED DAY FOR CLAIMING OCCUPANCY RIGHTS AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari or any other appropriate writ or order or direction quashing the - 3 - NC: 2025:KHC-D:3192 WP No. 101114 of 2024 order passed by the R2 dated 10.02.2023 in No. KLR.7A/S.R/SANGATIKOPPA/02 (Annexure_F) after holding that late Parameshwar Hanamantappa Kusugal was not tenant as on the appointed day for claiming day for claiming occupancy rights. ii. To grant such other relief as deems fit in the circumstances of the case & allow the writ petition with cost in the interest of justice and equity. 2. The grievance of the petitioner is that the impugned order dated 10.2.2023 at Annexure-F passed by respondent No.2 is against dead persons inasmuch as the respondents shown therein are Rustumsab who expired on 15.01.1981 and the respondent No.2 is Goususab who expired on 04.06.1974 and in this regard the two death certificates have been placed on record. 3. The petitioner claims to be the great granddaughter of Goususab, Rustumsab having died unmarried, it is contended that the petitioner is the sole surviving legal representative of Goususab's family. 4. A perusal of the impugned order would indicate that though enough opportunity has been provided, the - 4 - NC: 2025:KHC-D:3192 WP No. 101114 of 2024 respondent did not appear and as such the matter proceeded for orders and the orders came to be passed on 10.02.2023. The said Rustumsab expired on 15.01.1981 and Goususab having expired on 04.06.1974, much prior even to the filing of proceedings, I am of the considered opinion that the proceedings were filed against a dead person and could not have continued. 5. It was for the applicants to have filed the said proceedings in a proper manner by arraying the legal representative of deceased Rustumsab and Goususab on record. The same not having been done goes to the root of the matter and the proceedings have been filed against a dead person. The orders passed against dead persons are not sustainable. As such I, pass the following; - 5 - NC: 2025:KHC-D:3192 WP No. 101114 of 2024 ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated 10.02.2023 passed by Respondent No.2 at Annexure-F is hereby quashed. iii. Liberty is reserved to the Respondents No.3 to 7 to institute appropriate proceedings by arraying the appropriate legal representatives of the deceased Rustumsab and Goususab and proceed with the matter. iv. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 28