- 1 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 62707 OF 2011 (LR-) BETWEEN: 1. ABDUL SATTAR GOUSE MODDIN ARAB SINCE DECEASED BY HIS LR’S 1a) SRI. IMTIYAZ AHMAD ARAB S/O. ABDUL SATTAR ARAB AGE: 44 YEARS, R/O. 191/cl-8, HOUSING BOARD COLONY, NEW VADDAM, VASCO-DA-GAMA SOUTH GOA - 403802. 1b) SRI. KHAJA MOINUDDIN ARAB S/O. ABDUL SATTAR ARAB AGE: 36 YEARS, R/O. HOUSE NO.115, NEW VADDAM, VASCO SOUTH GOA – 403802. 1c) SMT. MEHARUNNISA D/O. ABDUL SATTAR ARAB AGE: 56 YEARS, R/O. HOUSE NO.226, NEAR WATER TANK, NEW VADDAM, VASCO SOUTH GOA- 403802. 1d) SRI. ALTAR HUSSAIN S/O. ABDUL SATTAR ARAB AGE: 48 YEARS, R/O. MALAPUR, KHADRI GALLI, DIST: DHARWAD. 1e) SMT. BIBIJAIRABI W/O. ABDUL SATTAR ARAB AGE: 68 YEARS, OCC: HOUSEHOLD WORK, V N BADIGER HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 R/O. MALAPUR, KHADRI GALLI, DIST: DHARWAD. 2. MOHAMMEDSAB OSMAN S/O. GOUSEMODDIN ARAB, AGE: 54 YEARS, OCC: DRIVER, LAMANI CHAWL, DANDELI, TQ: DANDELI, DIST:KARWAR. 3. MOHAMMEDSHARIF S/O. GHOUSMODDIN ARAB, AGE: 52 YEARS, OCC: PRIVATE WORK, NEW VADE,VASCO, GOA. 4. MOHAMMED JAFFER S/O. GOUSEMODDIN ARAB, AGE: 49 YEARS, OCC: PRIVATE WORK, NEW VADE, VASCO, GOA. 5. GOUSBEE W/O. IMAMSAB SHEIK, AGE: 56 YEARS, R/O. MOMINAPUR, PUNA, DIST: PUNA, STATE: MAHARASHTRA. 6. MAMTAJ BEGUM W/O. ABDUL KHADAR, AGE: 46 YEARS, R/O. NEW VADE, VASCO, GOA. 7. MOHAMMED ALI S/O. ABDUL KHADAR, AGE: 28 YEARS, R/O: NEW VADE, VASCO, GOA. 8. REHANA D/O. ABDUL KHADAR, AGE: 27 YEARS, NEW VADE,VASCO, GOA, 9. SHOUKATH ALI S/O. ABDUL KHADAR, AGE: 25 YEARS, R/O. NEW VADE, VASCO, GOA. - 3 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 10. SMT. KAJABEE W/O. NAZEER AHAMMED ARAB AGE: 49 YEARS, R/O. NEW VADE, VASCO, GOA. 11. TANVEERZAHAN D/O. NAZEER AHAMMED ARAB AGE: 26 YEARS, R/O. NEW VADE,VASCO, GOA. 12. NASIR S/O. NAZEER AHAMMED ARAB AGE: 24 YEARS, R/O. NEW VADE,VASCO, GOA. 13. FAYAZ S/O. NAZEER AHAMMED ARAB, AGE: 22 YEARS, R/O. NEW VADE, VASCO, GOA. 14. PARVEEN D/O. NAZEER AHAMMED ARAB AGE: 28 YEARS, R/O. NEW VADE, VASCO, GOA. 15. IBRAHIM S/O. NAZEER AHAMMED ARAB, AGE: 20 YEARS, R/O. NEW VADE, VASCO, GOA. 16. NOORZAHAN S/O. NAZEER AHAMMED ARAB, AGE: 33 YEARS, R/O. NEW VADE, VASCO, GOA. 17. SAFIABEE D/O. NAZEER AHAMMED ARAB, AGE: 31 YEARS, R/O. NEW VADE, VASCO, GOA. 18. AHAMMED IBRAHIM S/O. ABDUL MUNAF JAVALI, AGE: 54 YEARS, R/O. MOMINAPUR, PUNE, DIST: PUNE, MAHARASHTRA. - 4 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 19. SAYYED RASHEED S/O. MOHAMMED SHAH KAMAL HASANAVAR AGE: 77 YEARS, R/O. KADRI GALLI, MALAPUR, DHARWAD. …PETITIONERS (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. MADIVALLAPPA S/O. ULAVAPPA KAMATI, AGE: MAJOR, R/O. KAMALAPUR ONI, DHARWAD. 2. YALLAPPA S/O. ULAVAPPA KAMATI, AGE: MAJOR, R/O. KAMALAPUR ONI, DHARWAD. 3. CHANNAPPA S/O. ULAVAPPA KAMATI (SINCE DECEASED BY HIS LR’S) 3a. SHEKAVVA W/O. CHANNAPPA KAMATI, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KAMALAPUR ONI, DHARWAD. 3b. MANJUNATH S/O. CHANNAPPA KAMTI AGE: MAJOR, OCC: R/O. KAMALAPUR ONI, DHARWAD. 3c. SHANTAMMA D/O. CHANNAPPA KAMATI AGE: MAJOR, OCC: HOUSEHOLD, R/O. KAMALAPUR ONI, DHARWAD. 3d. UMESH D/O. CHANNAPPA KAMATI AGE: MAJOR, OCC: HOUSEHOLD, R/O. KAMALAPUR ONI, DHARWAD. 4. HASIMSAB MOHAMMEDSAB MULLA AGE: MAJOR, R/O. RASULPURGALLI, DHARWAD. - 5 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 5. MOHAMMEDSAB S/O. RASULSAB MULLA AGE: MAJOR, R/O. RASULPURGALLI, DHARWAD. 6. HATHIMBAIG AZEERBAIG YARAGATTI (SINCE DECEASED BY HER LR) 6a. ABDULRAZAK S/O. HATIMBAIG YARAGATTI, AGE: 52 YEARS, OCC: BUSINESS, R/O. MAKHANDAR GALLI, DHARWAD – 580001. 7. SAHEERABAIG D/O. KALIKABAIG YARAGATTI, AGE: 28 YEARS, OCC: HOUSEWIFE, R/O. JANNAT NAGAR, NEAR TOLNAKA, DHARWAD. 8. REZIUANBEGUM D/O. KALIKABAIG YARAGATTI, AGE: 25 YEARS, OCC: HOUSEWIFE, R/O. JANNAT NAGAR, NEAR TOLNAKA, DHARWAD. 9. ABDULAZEEZ S/O. KALIKABAIG YARAGATTI, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O. JANNAT NAGAR, NEAR TOLNAKA, DHARWAD. 10. HAZARASAB S/O. KALIKASAB YARAGATTI, AGE: 38 YEARS, OCC: PRIVATE WORK, R/O. JANNAT NAGAR, NEAR TOLNAKA, DHARWAD. 11. THE LAND TRIBUNAL DHARWAD, BY ITS CHAIRMAN. - 6 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 12. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE. 13. SANBASAPPA S/O. YALLAPPA KAMATI (SINCE DECEASED BY HIS LR) 13a. MALAWWA D/O. SANBASAPPA AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. KAMATI ONI, KAMALAPUR, DHARWAD – 580008. …RESPONDENTS (BY SRI. SHIVARAJ C. BELLAKKI, ADVOCATE FOR R3(A) TO R3(D); R3-DISMISSED AS ABATED; SRI. T. HANUMAREDDY, AGA FOR R11 & R12. R1, R2, R7, R9, R10, R13(A) ARE SERVED; R4, R5, R8 ARE HELD SUFFICIENT; SRI. SHIVASAI M. PATIL, ADVOCATE FOR R6(A); SRI. SHRIHARSH A. NEELOPANT, ADVOCATE FOR PROP R14 TO R45) ------- THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO QUASH THE ORDER DATED 02/12/2010 PASSED IN KLR/MALLPUR/SR/11 PASSED BY LAND TRIBUNAL DHARWAD THE COPY OF WHICH HAS BEEN AT ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 7 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners are before this Court seeking writ of Certiorari to quash the order dated 02.12.2010, passed in KLR/Mallapur/SR/11, by the land Tribunal, Dharwad- Respondent No. 11 produced as per Annexure-A. 2) Heard Sri.J.S.Shetty, learned counsel for petitioners and Sri.Shivaraj C Bellakki, learned counsel for respondent Nos.R3(a) to (d), Sri.T.Hanumareddy, learned AGA for respondent Nos.11 and 12, Sri.Shriharsha A Neelopant, learned counsel for the respondent Nos.14 to 45. Perused the materials on record. 3) Learned counsel for the petitioners submits that petitioner Nos.1 to 6 and one Abdul Khadar Gouse Moddin Arab are the legal representatives of Smt. Mehaboobi Gouse Moddin Arab, who died on 22-11- 1995. He further submits that petitioner Nos.6 to 9 are the legal representatives of the above said Abdul Khadar Gouse Moddin Arab, who died on 24-08-2006. In spite of - 8 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 that, the impugned order produced at Annexure-A came to be passed on 02-12-2010 arraying deceased Smt.Mehaboobi Gouse Moddin Arab as respondent No.1. Therefore, he submits that the impugned order is passed against the dead person. During the pendency of the petition, proposed respondent Nos.14 to 45 have filed IA No.1 of 2025 under Order 1 Rule 10(2) R/w. Section 151 of CPC seeking their impleadment on the ground that they are the legal representatives of deceased Smt.Kalambi W/o Azeezbaig Yaragatti, who is initially arrayed as respondent No.4 before the land Tribunal. 4) Learned counsel representing the proposed respondent Nos.14 to 45 submits that, even though some of legal representatives of the deceased Smt.Kalambi W/o Azeezbaig Yaragatti were impleaded before the land Tribunal, the petitioners who are representing one of the branches of Smt.Kalambi W/o Azeezbaig Yaragatti were never made as parties before the land Tribunal. Therefore, they want to come on record. - 9 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 However, it is the grievance of the petitioners as well as proposed respondents that they were not arrayed as parties before the Land Tribunal. Therefore, the impugned order is bad under law and hence, prayed for allowing the petition. 5) Learned counsel representing respondent Nos.3 (A) to 3(D) submits that he is not aware of the fact as to whether petitioners and proposed respondents are legal representatives of the parties to the litigation. 6) Learned counsel for the petitioners submits that Smt.Mehaboobi Gouse Moddin Arab, who is arrayed as respondent No.3 before the land Tribunal died on 22-11-1995 and one of her legal representative by name Abdul Khadar Gouse Moddin Arab died on 24-08- 2006. Petitioner Nos.6 to 9 are legal representatives of deceased Abdul Khadar Gouse Moddin Arab. Proposed Respondent Nos.14 to 45 are claiming their rights under the deceased Smt.Kalambi W/o Azeezbaig Yaragatti. - 10 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 7) Prima facie, the impugned order at Annexure-A is passed against the dead person without the impleadment of legal representatives. Therefore, I am of the opinion that the impugned order at Annexure-A is liable to be quashed directing the parties to appear before the land Tribunal, Dharwad to put forth their claim over the properties in question. 8) Accordingly, I proceed to pass the following: ORDER i) The petition is allowed. ii) Impugned Order dated 02.12.2010, passed in KLR/Mallapur/SR/11 by the Land Tribunal, Dharwad is quashed. iii) The land Tribunal, Dharwad is directed to consider the matter afresh after providing an opportunity to the parties to put forth their claim. - 11 - NC: 2025:KHC-D:4144 WP No. 62707 of 2011 iv) Petitioners and respondent Nos.1, 2, 3 (A) to 3(D), 5, 6(A), 7 to 10, 13(A) and proposed respondent Nos.14 to 45 are permitted to appear before the land Tribunal, Dharwad to have their say in the matter. v) The parties are directed to appear before the land Tribunal, Dharwad on 3.04.2025 without awaiting for the fresh notice. In view of the disposal of the writ petition, pending IA No.1/2025 for impleading legal representatives stands disposed of. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 1 Sl No.: 14