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2025 DAILYLAW 80230 (KAR)

DR. KAZI MAQBUL AHMED MUHIYUDDIN v. THE ASSISTANT COMMISSIONER

WP/22748/2025 · 2025-08-29

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33737 WP No. 22748 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22748 OF 2025 (KLR-RES) BETWEEN: 1. DR. KAZI MAQBUL AHMED MUHIYUDDIN S/O LATE MOHIYUDDIN KAZI AGED ABOUT 92 YEARS RESIDING AT MISHREF STREET 10, BLOCK 5, HOUSE NO 23, KUWAIT PACI: 18612603 2. NASSER I KAZI S/O DR. KAZI MAQBUL AHMED MUHIYUDDIN AGED ABOUT 60 YEARS RESIDING AT MISHREF STREET 10, BLOCK 5, HOUSE NO 23, KUWAIT PACI: 18612603 3. ARIF MARZOOK MAQBUL AHMED KAZI S/O DR. KAZI MAQBUL AHMED MUHIYUDDIN. AGED ABOUT 58 YEARS RESIDING AT WHINNEY FIELD HOUSE, SKIRCOAT GREEN ROAD, HALIFAX HX30BJ, UNITED KINGDOM. 4. ADIBAH MAQBUL AHMED KAZI UDDIN Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33737 WP No. 22748 of 2025 D/O DR. KAZI MAQBUL AHMED MUHIYUDDIN AGED ABOUT 55 YEARS RESIDING AT 21 CARRWOOD WAY, WALTON LE DALE, PRESTON, PR5 4NR UNITED KINGDOM. 5. MUHAMMED SHAMS KAZI S/O DR. KAZI MAQBUL AHMED MUHIYUDDIN AGED ABOUT 45 YEARS RESIDING AT NO. 592, UTICA COURT, SUNNYVALE CALIFORNIA - 94087, UNITED STATES OF AMERICA THE PETITIONERS ARE DULY REPRESENTED IN THESE PROCEEDINGS BY THEIR POWER OF ATTORNEY HOLDER MR. INAYATHULLA KHAN. …PETITIONERS (BY SRI. ABHINAY V, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL - 561 203. 2. TAHASILDAR NELAMANGALA TALUK NELAMANGALA BENGALURU RURAL - 562 123. 3. SMT. MUNIHANUMAKKA WIFE OF LATE HANUMAIAH - 3 - HC-KAR NC: 2025:KHC:33737 WP No. 22748 of 2025 AGED ABOUT 72 YEARS RESIDING AT BOODIHAL VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 AND R2) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 28.10.2024 PASSED BY THE RESPONDENT NO.1 IN RA (N) 159/2023 ON ITS FILE (ANNEXURE -A), ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for all respondents 1 and 2. Notice to respondent No.3 is not necessary for the following reasons: 2. Learned HCGP has raised a preliminary objection that the writ petition is not maintainable, in view of the fact that the petitioners are calling in question, an order - 4 - HC-KAR NC: 2025:KHC:33737 WP No. 22748 of 2025 passed by the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, when an alternative, efficacious remedy under Section 136(3) of the Act is available for them. 3. Upholding the submission of the learned HCGP for respondents, the writ petition stands disposed of, reserving liberty to the petitioners to approach the Deputy Commissioner, invoking Section 136(3) of the Act. Ordered accordingly. Learned HCGP is permitted to file memo of appearance within four weeks from today. Sd/- (R DEVDAS) JUDGE BMV* List No.: 1 Sl No.: 50 CT: BHK