- 1 - NC: 2025:KHC-D:942 WP No. 100220 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100220 OF 2025 (LR) BETWEEN: 1. SURESH S/O LATE LINGO DESAI SINCE DECEASED BY HIS LR'S. SMT. SUSHMA W/O LATE SURESH DESAI AGE. 55 YEARS, OCC. HOUSEHOLD, R/O. KADEMANI COMPOUND, KABBUR ROAD, MALAMADDI, DHARWAD - 01. 2. KARTIK S/O LATE SURESH DESAI AGE. 27 YEARS, OCC. NIL, R/O. KADEMANI COMPOUND, KABBUR ROAD, MALAMADDI, DHARWAD - 01. …PETITIONERS (BY SRI. RAGHAVENDRA A PUROHIT,ADVOCATE) AND: 1. MOHAN S/O RAMRAO NILKANI SINCE DECEASED BY HIS LR’S. SMT. DURGABAI W/O MOHAN NILKANI, AGE. 78 YEARS, OCC. HOUSE WIFE, R/O C/O. R/O. B.2002 NIKANTA HIGHTS, POKRON ROAD, NO. 2 NEAR UPAVAN SAROVAR ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:942 WP No. 100220 of 2025 THANE, WEST MUMBAI, MAHARASHTRA-400610. 2. NANDAN S/O MOHAN NILKANI AGE. 51 YEARS, OCC. SERVICE, R/O C/O. B. 2002, NIKANTA HIGHTS, POKRON ROAD, NO.2 NEAR UPAVANA SAROVAR THANE WEST MUMBAI, MAHARASHTRA-400610. 3. VIJAY S/O MOHAN NILKANI AGE. 46 YEARS, OCC. SERVICE. R/O. C/O. B, 2002, NIKANTA HIGHTS, POKRON ROAD, NO. 2 NEAR UPAVANA SAROVAR THANE, WEST MUMBAI, MAHARASHTRA-400610. 4. ANAND S/O MADHUKAR NILKANI AGE. 71 YEARS, OCC. PVT. SERVICE, R/O B 2002, MANASAROVAR NIKANTA HEIGHTS, POKRON ROAD, NO.2 NEAR UPAVAN SAROVAR, THANE, WEST MUMBAI, MAHARASHTRA - 400 61. 5. TRIVIKRAM S/O LATE LINGOA DESAI AGE. MAJOR, OCC. AGRIL., R/O MUCHIGAN COMPOUND, SAPTAPUR, DHARWAD - 01. 6. AMRUTESHWAR S/O LATE LINGO DESAI AGE. MAJOR, OCC. AGRIL., R/O MUCHIGAN COMPOUND, SAPTAPUR, DHARWAD - 01. 7. THE STATE OF KARNATAKA BY SECRETARY, DEPT OF REVENUE VIDHANA SOUDHA, BENGALURU - 01. - 3 - NC: 2025:KHC-D:942 WP No. 100220 of 2025 8. THE LAND TRIBUNAL DHARWAD REP. BY ITS CHAIRMAN-580001. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R7-R8; R1 TO R6 D/W V/O/D 20.1.2024) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.8 TRIBUNAL, TO PERMIT THE PETITIONERS TO COME ON RECORDS ARE LEGAL HEIR OF DECEASED SURESH DESAI, BY FILING THE NECESSARY APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA is directed to accept notice to Respondents No.7 and 8. Notice to Respondents No.1 to 6 is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus directing the Respondent No.8 Tribunal, to permit the petitioners to come on records and legal heir of deceased Suresh Desai, by filing the necessary application in the interest of justice and equity. b. Issue any other writ or direction as this Hon’ble Court deems fit in the interest of justice and equity. - 4 - NC: 2025:KHC-D:942 WP No. 100220 of 2025 3. The grievance of the petitioner is that the petitioners are the legal representatives of one Mr.Suresh Desai, who is one of the tenants and as such, the petitioners have an interest in the property subject matter of the proceedings. 4. On enquiry if any application had been filed to bring the petitioners on record as legal representatives of deceased Mr.Suresh Desai, learned counsel for the petitioner submits that an application had been filed which came to be rejected on account of inordinate delay. 5. If that be so, it is always available for the petitioner to challenge the said order and not seek for the reliefs as afore extracted in the present petition. 6. With the above observation, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 59