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2025 DAILYLAW 36566 (KAR)

MEHARAJUNNISA @ MEHARAJ v. STATE OF KARNATAKA

WP/35579/2024 · 2025-03-07

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:9850 WP No. 35579 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35579 OF 2024 (KLR-RES) BETWEEN: 1. MEHARAJUNNISA @ MEHARAJ S/O BASAHA SAB DEAD BY LRS MOHAMAD HUSAIN S/O BASHA SAB, AGED ABOUT 48 YEARS, 2. RESHMA, D/O BASHA SAB AGED ABOUT 46 YEARS, 3. AMJAD, S/O BASHA SAB AGED ABOUT 44 YEARS, 4. AASMA, D/O BASHA SAB AGED ABOUT 42 YEARS, 5. AMITH, S/O BASHA SAB AGED ABOUT 40 YEARS, 6. YASMIN, S/O BASHA SAB AGED ABOUT 38 YEARS, 7. DASTAGIR SAB S/O MOHAMMED ISMAIL SAB DEAD BY HIS LRS EAJAZ PASHA, S/O LATE DASTGIR SAB AGED ABOUT 50 YEARS, 8. GULSHIR D/O LATE DASTGIR SAB Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9850 WP No. 35579 of 2024 AGED ABOUT 54 YEARS, 9. SHABANA D/O LATE DASTGIR SAB AGED ABOUT 54 YEARS, 10. FAYAZ S/O LATE DASTGIR SAB AGED ABOUT 48 YEARS, 11. FARZANA S/O LATE DASTGIR SAB AGED ABOUT 46 YEARS, 12. PYAREJAN, W/O JAFER SAB AGED ABOUT 75 YEARS, 13. MOHAMAD MUSTAN S/O FAKIR SAHIB AGED ABOUT 75 YEARS, ALL THE PETITIONERS ARE R/AT PIRANGIMAUTT MAKAN CHANNARAYAPATNA TOWN HASSAN DISTRICT-563116 …PETITIONERS (BY SRI. LOKESH B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPT. OF REVENUE, REP BY ITS SECRETORY VIDHANA SOUDHA, BENGALURU 560001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT -563101 3. ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN -573116 4. TAHASILDAR, CHANNARAYAPATTNA TALUK, - 3 - NC: 2025:KHC:9850 WP No. 35579 of 2024 HASSAN DISTRICT -573116 5. THE PRESIDENT WAKFS BOARD, HASSAN, HASSAN DISTRICT -573116 6. MADALISH MOULA GORI PIRANGIMAUTT, MAKAN, CHANNARAYAPATTNA TOWN, HASSAN DISTRICT 573116, REP BY HANIF S/O. SABUSAB 7. SYED PEER S/O. AMEER SAB AGED ABOUT YEARS, 8. AMSHAD S/O. CHOTASAB, AGED ABOUT 65 YEARS, 9. AASABI W/O. CHOTA SAB, AGED ABOUT 64 YEARS, 10. SHARPHON S/O. CHOTA SAB, AGED ABOUT 60 YEARS, 11. HANIF, S/O. SABUSAB, AGED ABOUT 70 YEARS, 12. MOHAMAD MUSTAN S/O SILAR SAB, AGED ABOUT 70 YEARS R-6 TO R-12 ARE R/A PIRANGIMAUTT, MAKAN, CHANNARAYAPATTNA TOWN, HASSAN DISTRICT -563116 …RESPONDENTS (BY SMT. B.P.RADHA., AGA FOR R-1 TO R-4; SMT. SWATHI ASHOK., ADVOCATE FOR R-5; VIDE ORDER DATED 07.03.2025, NOTICE TO R-6 TO R-12 IS DISPENSED WITH) - 4 - NC: 2025:KHC:9850 WP No. 35579 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS SO AS TO SET ASIDE THE R2 ORDER OF DISMISSAL PASSED IN R. P 55/2016-17 DTD 23.01.24/ ANNEXURE-A, ALONG WITH R3 ORDER PASSED IN RA (CHAN) 10 DATED 06.08.2016 / ANNEXURE-G, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are aggrieved by an order of the Deputy Commissioner, whereby he has dismissed the Revision filed under Section 136(3) of the Karnataka Land Revenue Act, 1964 on the ground that W.P. Nos.16800-16802/2017 and 16803-16805/2017 have been registered and are pending before this Court. 2. Learned counsel for the petitioners points out that the aforementioned Writ Petitions were filed challenging the refusal to grant an interim order and these Writ Petitions were also withdrawn. - 5 - NC: 2025:KHC:9850 WP No. 35579 of 2024 3. In my view, since the pendency of the Writ Petition was in no way relevant for the purpose of adjudication of the Revision Petition, the reasoning given by the Deputy Commissioner cannot be accepted. Consequently, the impugned order is set aside and the Deputy Commissioner is directed to consider the Revision and pass the order on merits in accordance with law. 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.: 48