Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 47658 (KAR)

BASHEER AHMED S/O. ALLA BAKSH HUBLI v. HUBLI DHARWAD MUNICIPAL CORPORATION

WP/104502/2014 · 2025-04-22

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 104502 OF 2014 (KLR-RR/SUR) C/W WRIT PETITION NO. 30242 OF 2008 IN WP NO. 104502/2014 BETWEEN: 1. BASHEER AHMED S/O. ALLA BAKSH HUBLI AGED ABOUT 63 YEARS, OCC: RETIRED GOVT. SERVANT, R/O. SAIDAPUR ONI, MADRASA GALLI, DHARWAD. SINCE DECEASED BY HIS LR’S 1A. KHUDAJA W/O. BASHEER AHMED HUBLI, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. KUBA MSJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1B. ASMA BASHEER AHMED HUBLI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1C. JAVIDKHAN BASHEER AHMED HUBLI, AGE: 31 YEARS, OCC: BUSINESS, R/O. KUBA MASJID ROAD, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1D. ULFIYASADAF BASHEER AHMED HUBLI, AGE: 26 YEARS, OCC: BUSINESS, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1E. HUMAKAUSAR BASHEER AHMED HUBLI, AGE: 24 YEARS, OCC: HOUSEHOLD WORK, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 2. SMT. ZAINA BI W/O. ABDUL RAZAK, AGED ABOUT 72 YEARS, OCC: HOUSEHOLD WORK, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. SINCE DECEASED AND THE R-3 TO 9 ARE THE LEGAL HEIRS ARE ALREADY RECORD. 3. ZAMEER AHMED S/O. ABDUL RAZAK AGED ABOUT 45 YEARS, OCC: BUSINESS, R/O. AKHANI GALLI, KCC BANK ROAD, DHARWAD. 4. SHABEER AHMED S/O. ABDUL RAZAK AGED ABOUT 45 YEARS, OCC: BUSINESS, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 5. FIROZ AHMED S/O. ABDUL RAZAK AGED ABOUT 38 YEARS, - 3 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 OCC: BUSINESS, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 6. SMT. SHAHIDA BEGUM D/O. ABDUL RAZAK, AGED ABOUT 55 YEARS, OCC: CENTRAL GOVT. EMPLOYEE, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 7. SMT. NOORJAHAN D/O. ABDUL RAZAK, AGED ABOUT 54 YEARS, OCC: HOUSEHOLD WORK, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 8. SMT. MARIJAN D/O. ABDUL RAZAK AGED ABOUT 52 YEARS, OCC: HOUSEHOLD WORK, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 9. SMT. BIBI BATUL D/O. ABDUL RAZAK AGED ABOUT: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. AKHIM GALLI, KCC BANK ROAD, DHARWAD. 10. NAZEER AHMED S/O. MOHAMMAD YOUSUF, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O. MEHABOOBNAGAR, NEAR GADI KARKHANE, DHARWAD. 11. NAZAR AHMED S/O.MOHAMMED YOUSUF, AGED ABOUT 48 YEARS, OCC: PRIVATE JOB, R/O. MEHABOOBNAGAR, NEAR GADI KARKHANE, DHARWAD. - 4 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 SINCE DECEASED AND THE R-10, 12 TO 14 ARE THE LEGAL HEIRS ARE ALREADY RECORD. 12. ALTAF AHMED S/O. MOHAMMAD YOUSUF AGED ABOUT 45 YEARS, OCC: PRIVATE JOB, R/O. MEHABOOBNAGAR, NEAR GADI KARKHANE, DHARWAD. 13. SMT. RAFIA BEGUM D/O. MOHAMMAD YOUSUF, AGED ABOUT: 53 YEARS, OCC: HOUSE WIFE, R/O. MEHABOOBNAGAR, NEAR GADI KARKHANE, DHARWAD. SINCE DECEASED AND THE R-19, R-12 TO 14 ARE THE LEGAL HEIRS ARE ALREADY RECORD. 14. SMT. RASHIDA BEGUM D/O. MOHAMMAD YOUSUF, AGED ABOUT 46 YEARS, OCC: HOUSE WIFE, R/O. MEHABOOBNAGAR, NEAR GADI KARKHANE, DHARWAD. 15. SMT. SAMSHAD BEGAUM W/O. MOHAMMAD SHARF CHIKUMBER, AGED ABOUT 60 YEARS, OCC: RETD TEACHER, R/O. GULIYAL ROAD, HUBBALLI. SINCE DECEASED BY HER LR’S 15A. MOHAMMAD SHARIFR S/O. SAYYED HUSAIN CHIKKUMBI, AGE: 69 YEARS, R/O. PLOT NO.4, JAWAHAR NAGAR, OLD HUBLI, HUBBALLI, - 5 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 TQ: HUBBALLI, DIST: DHARWAD. 15B. IMRA S/O. MOHAMMAD SHARIF CHIKKUMBI, AGE: 40 YEARS, R/O. PLOT NO.4, JAWAHAR NAGAR, OLD HUBLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 15C. NIKHATHANJUM D/O. MAHAMMAD SHARIF CHIKKUMBI, AGE: 38 YEARS, R/O. PLOT NO.4, JAWAHAR NAGAR, OLD HUBLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 15D. RIZWAN AHMAD S/O. MAHAMMAD SHARIF CHIKKUMBI, AGE: 35 YEARS, R/O. PLOT NO.4, JAWAHAR NAGAR, OLD HUBLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 16. SMT. RAZIYA BEGUM W/O. HISAMUDDIN MUKASHI, AGED ABOUT 61 YEARS, OCC: HOUSE WIFE, R/O. GULIYAL ROAD, HUBBLLI. 17. SMT. KURSHIDA BEGAUM W/O. NAZIR AHAMAN SHADIBAN AGED ABOUT 59 YEARS, OCC: HOUSEHOLD WORK, R/O. KUMARESHWARA NAGAR, DHARWAD. 18. SMT. FARIDA BEGAUM W/O. SADRUDDIN MULLA, AGED ABOUT 57 YEARS, OCC: HOUSEHOLD WORK, R/O. MEHABOOBNAGAR, - 6 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 NEAR GADI KARKHANE, DHARWAD. …PETITIONERS (BY SRI. A. S. PATIL, ADVOCATE-ABSENT) AND: 1. HUBLI DHARWAD MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER, HUBBALLI, DIST: DHARWAD. 2. THE TAHASILDAR DHARWAD TALUKA, DHARWAD. …RESPONDENTS (BY SRI. R.H.ANGADI, ADVOCATE FOR R1; SRI. T. HANUMAREDDY, AGA FOR R2) ----- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) DECLARE BY ISSUE OF APPROPRIATE WRIT OR ORDER THAT THE REVENUE ENTRY ENTERED BY THE RESPONDENT NO.2 IN FAVOUR OF HDMC (RESPONDENT NO.1) IS ILLEGAL AND WITHOUT JURISDICTION. B) DIRECT RESPONDENTS, BY THE APPROPRIATE WRIT OR ORDER IN THE NATURE OF MANDAMUS TO DELETE THE REVENUE ENTRY EFFECTED IN THE NAME OF HDMC AND RESTORE THE NAMES OF THE PETITIONERS AS OWNERS AS THE KHATEDARS OF SCHEDULE LAND. C) FOR APPROPRIATE WRIT OR ORDER AS THE HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES INCLUDING AN ORDER IN THE NATURE OF THE PROHIBITION RESTRAINING RESPONDENTS HDMC NOT TO INTERFERENCE IN ANY MANNER WITH THE SCHEDULE LAND. - 7 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 IN WP NO. 30242/2008 BETWEEN: 1. BASHEER AHMED S/O. ALLABAKSH HUBLI, AGED ABOUT 58 YEARS, R/O. SAIDAPUR ONI, MADRASGALLI DHARWAD. SINCE DECEASED BY HIS LR’S 1A. KHUDAJA W/O. BASHEER AHMED HUBLI, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O.KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1B. ASMA BASHEER AHMED HUBLI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1C. JAVIDKHAN BASHEER AHMED HUBLI, AGE: 31 YEARS, OCC: BUSINESS, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1D. ULFIYASADAF BASHEER AHMED HUBLI, AGE: 26 YEARS, OCC: BUSINESS, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 1E. HUMAKAUSAR BASHEER AHMED HUBLI, AGE: 24 YEARS, - 8 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 OCC: HOUSEHOLD WORK, R/O. KUBA MASJID ROAD, MADINA COLONY, MEHABOOB NAGAR, DHARWAD. 2. ZAMEER AHMED S/O. ABDUL RAZAK, AGED ABOUT 40 YEARS, R/O. AKHANI GALLI, BANK ROAD, DHARWAD. 3. NAZEER AHMED S/O. MOHAMMAD YOUSUF, AGED ABOUT 47 YEARS, OCC: BUSINESS, R/O. MEHBOOB NAGAR, SHIVALLI PLOT, NAYAKWADI HOUSE, DHARWAD. …PETITIONERS (BY SRI. A. S. PATIL, AND SRI. K. RAGHAVENDRA RAO, ADV.S FOR P1 & P2 – ABSENT) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE M. S. BUILDING, BANGALORE - 560001. 2. THE HUBLI-DHARWAD MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER, HDMC MAIN OFFICE, DHARWAD. 3. THE DEPUTY TAHSILDAR STATION ROAD, DHARWAD. 4. THE ASSISTANT COMMISSIONER, DHARWAD SUB-DIVISION, - 9 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 NEAR D.C. OFFICE, DHARWAD. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1, R3 & R4; SRI. R. H. ANGADI, ADVOCATE FOR R2) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER, INCLUDING WRIT OF CERTIORARI, QUASHING THE ORDER DATED 23.11.1998 PASSED BY THE 3RD RESPONDENT IN PROCEEDINGS NO.RTD SR NO.13/98-99 DATED 23.11.1998 PRODUCED AS ANNEXURE-D AND ORDER DATED 29.09.2001 PASSED BY THE 4TH RESPONDENT IN NO.RTS:AP:106:98-99 DATED 29.09.2001, COPY OF WHICH IS PRODUCED AS ANNEXURE-E. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Learned counsel for the petitioners is absent. No representation. When the matters were passed over twice and once again called at 1.05 p.m. 3. The order sheet dated 26.03.2025 reads as under: - 10 - NC: 2025:KHC-D:6715 WP No. 104502 of 2014 C/W WP No. 30242 of 2008 “Learned counsel for the petitioners prays for time to address his argument on the next date of hearing without fail. Submission is placed on record. List these matters finally, as a last chance, on 22.04.2025.” 4. In spite of that, there is no representation. It appears that the petitioners are not interested in prosecuting the petitions. Hence, the petitions are dismissed for non-prosecution. Sd/- (M.G.UMA) JUDGE VB List No.: 2 Sl No.: 3