Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 46732 OF 2016 (GM-CPC) BETWEEN:
1. SRI INAYATHULLA AGED ABOUT 56 YEARS
2. SRI MOHAMMED IBRAHIM @ ABEEB AGED ABOUT 47 YEARS
3. SRI ASLAM PASHA AGED ABOUT 43 YEARS
4. SRI PAJALU AGED ABOUT 41 YEARS
5. SRI IDAYATH PASHA AGED ABOUT 39 YEARS
6. SRI AKRAM PASHA AGED ABOUT 37 YEARS PETITIONERS NO.1 TO 6 ARE SONS LATE KHALEELUL REHAMAN,
7. SRI JABIULLA R AGED ABOUT 41 YEARS
8. SRI SAMIULLA AGED ABOUT 41 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016
9. SRI JAKAUALLA AGED ABOUT 38 YEARS
10. SMT DILSHAD BANU AGED ABOUT 39 YEARS
11. SRI ATHAULLA AGED ABOUT 33 YEARS PETITIONERS NO.7 TO 11 ARE CHILDREN OF LATE RAHAMATHULLA
12. SRI MOHAMMED IBRAHIM @ AKBAR AGED ABOUT 47 YEARS
13. SRI A KHALEED @ NAVEED AGED ABOUT 43 YEARS
14. SRI ARIFF AGED ABOUT 37 YEARS RESPONDENTS NO.12 TO 14 ARE CHILDREN OF LATE ABDUL GAFOOR
15. SRI M MUJAHIDULLA AGED ABOUT 40 YEARS
16. SRI M JAVEEDULLA AGED ABOUT 38 YEARS PETITIONERS NO.15 AND 16 ARE SONS OF LATE MOHAMMED ASADULLA, ALL ARE R/AT K P MOHALLA, CHAMARAJANAGAR - 571 313 …PETITIONERS (BY SRI. Y.V. PRAKASH, ADVOCATE FOR SRI. Y.K. NARAYANA SHARMA, ADVOCATE)
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 AND:
1. SRI NAZEER AHMED AGED ABOUT 56 YEARS S/O LATE MOHAMMED USMAN
2. 2a. SRI ABDUL GAFOOR AGED ABOUT 76 YEARS RETD.,TEACHER S/O LATE ABDUL SATTAR, BOTH RESIDING BEHIND K.S.R.T.C.BUS STAND, CHAMARAJANAGAR - 571 313 SINCE DECEASED REPRESENTED BY HIS LRS SRI MUSHEER AGED ABOUT 50 YEARS, S/O LATE ABDUL GAFOOR, RESIDING AT MAMBALLI VILLAGE, YELANDUR TALUK. 2b. SMT. KALIDA AGED ABOUT 48 YEARS, D/O LATE ABDUL GAFOOR, W/O SRI ZABIE ULLA, RESIDING AT GALIPURA, CHAMARAJANAGAR TOWN - 571 313 2c. SRI NASEER AGED ABOUT 46 YEARS S/O ABDUL GHAFOOR 2d. SMT. SANEEDA AGED ABOUT 44 YEARS D/O LATE ABDUL GHAFOOR, W/O SRI ALTHAFF KHAN,
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 2e. SMT. NAVEEDA AGED ABOUT 42 YEARS D/O LATE ABDUL GHAFOOR, W/O LATE RAZAQ 2f.
SRI JAMSHEEER AGED ABOUT 40 YEARS S/O LATE ABDUL GHAFOOR 2g. SMT. FAMIDA AGED ABOUT 38 YEARS D/O LATE ABDUL GHAFOOR 2h. SRI. BASHIR AGED ABOUT 36 YEARS S/O LATE ABDUL GHAFOOR 2i. SRI SAGHIR AGED ABOUT 34 YEARS S/O LATE ABDUL GHAFOOR 2j. SMT. MAJAHIDA AGED ABOUT 32 YEARS D/O LATE ABDUL GHAFOOR, W/O SRI HAMSHIR RESPONDENTS NO.2(c), (d), (e), (g), (h) and (i) ARE RESIDING BEHIND KSRTC BUS STAND, CHAMARAJANAGAR - 571 313. 3. SMT SHANAWZA @ NAZUKA AGED ABOUT 56 YEARS W/O SRI SYED NAYIMULLA CHINTHAMANI
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016
4. 4(a). SRI.K.MAQBOOL SAHEB AGED ABOUT 66 YEARS, S/O LATE ABDUL KHUDROOS, (CARD) BOTH ARE R/AT MUBARAQ MOHALLA, CHAMARAJANAGAR - 571 313 SINCE DECEASED REP. BY HIS LRS SRI MOQTHAR ABED ABOUT 48 YEARS, S/O LATE K. MOQBOOL SAHEB, 4(b). SRI MAZHAR ABED ABOUT 46 YEARS, S/O LATE K. MOQBOOL SAHEB, 4(c). SRI MUSTHAQ ABED ABOUT 42 YEARS, S/O LATE K. MOQBOOL SAHEB, 4(d). SMT. SHABREEN ABED ABOUT 40 YEARS, D/O LATE K. MOQBOOL SAHEB, RESPONDENTS NO.4(a) to (d) ARE RESIDING AT NEAR NAZBUNNEESHA MASJID, GALIPURA, CHAMARAJANAGAR - 571 313. 5. SRI ABDUL GAFAR (TABLE) AGED ABOUT 76 YEARS, BEHIND K.S.R.T.C.BUS STAND, CHAMARAJANAGAR-571 313 SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 5(a). SMT. AYESHA BEE AGED ABOUT 75 YEARS, W/O LATE ABDUL GAFAR (TABLE) 5(b). SRI NIZAR AHAMED AGED ABOUT 58 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(c). SMT. AFROZ AGED ABOUT 58 YEARS, D/O LATE ABDUL GAFAR (TABLE) 5(d). SRI MOQTHAR AGED ABOUT 53 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(e). SRI FIROZ AGED ABOUT 51 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(f). SRI FAYAZ AGED ABOUT 49 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(g). SMT. NUSHRATH AGED ABOUT 47 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(h). SRI NAYAZ AGED ABOUT 45 YEARS, S/O LATE ABDUL GAFAR (TABLE) 5(i). SMT.
ISHRATH AGED ABOUT 42 YEARS, S/O LATE ABDUL GAFAR (TABLE)
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 5(j). SRI AIYAZ AGED ABOUT 40 YEARS, S/O LATE ABDUL GAFAR (TABLE) RESPONDENTS NO. 5(a) to (j) ARE RESIDING AT BEHIND KSRTC BUS STAND, CHAMARAJANAGAR - 571 313. 6. 6(a) SMT.NASEEMA JAAN AGED ABOUT 38 YEARS, D/O SRI R.ANWAR, MUBARAQ MOHALLA, CHAMARAJA NAGAR - 571 313 SINCE DECEASED REP. BY HER LRS SRI KHAJA PEER AGED ABOUT 47 YEARS S/O SMT. NASEEMA JAAN (b). SRI GHOUSE PEER AGED ABOUT 45 YEARS S/O SMT. NASEEMA JAAN (c). SRI TAJUDDIN AGED ABOUT 43 YEARS S/O SMT. NASEEMA JAAN (d). SRI AYUB PASHA AGED ABOUT 41 YEARS S/O SMT. NASEEMA JAAN (e). SRI MAZAR PASHA AGED ABOUT 37 YEARS S/O SMT. NASEEMA JAAN
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 6(f). SRI ABDULLA AGED ABOUT 35 YEARS S/O SMT. NASEEMA JAAN (g). SRI MOHAMMED PEER AGED ABOUT 33 YEARS S/O SMT. NASEEMA JAAN (h). ABDUL KHADIR AGED ABOUT 29 YEARS S/O SMT. NASEEMA JAAN (i). SMT. NASREEN TAJ AGED ABOUT 39 YEARS D/O SMT. NASEEMA JAAN (j). SHABREEN TAJ AGED ABOUT 31 YEARS D/O SMT. NASEEMA JAAN (k). SHIREEN TAJ AGED ABOUT 27 YEARS D/O SMT. NASEEMA JAAN (l). SHAHEN TAJ AGED ABOUT 25 YEARS D/O SMT. NASEEMA JAAN RESPONDENTS NO.6(a) TO (l) ARE RESIDING AT MUBARAQ MOHALLA, CHAMARAJA NAGAR - 571 313
7. SMT.MEHABOOBI SINCE DEAD REP. BY HER LEGAL REPRESENTATIVES
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 (a). 7(a)(i). SMT.ZAREENTAZ, MAJOR, W/O. SRI KHAYEEM SINCE DECEASED REP. BY HER LRS SRI ALI ULLA AGED ABOUT 40 YEARS, S/O LATE KHAYUM AND LATE ZAREENTAZ 7(a)(ii). SRI ASIFULLA AGED ABOUT 36 YEARS, S/O LATE KHAYUM AND LATE ZAREENTAZ 7(a)(iii). SRI KHALEEFULLA AGED ABOUT 34 YEARS, S/O LATE KHAYUM AND LATE ZAREENTAZ RESPONDENTS NO.7(a)(i) TO 7(a)(iii) ARE HAVING SHOP AT DODDANGADI BEEDI, NEAR SAVITHA HINDU MILITARY HOTEL, CHAMARAJANAGAR - 571 313 7(a)(iv).
SMT. RESHMA AGED ABOUT 38 YEARS, D/O LATE KHAYUM AND LATE ZAREENTAZ RESIDING AT K.N.MOHALLA CHAMARAJANAGAR-571 313 7(b). SRI.M.KABEER MAJOR, S/O LATE AMEER SAHEB, R/AT K.P.MOHALLA, 1ST CROSS, BEHIND GOVT. HOSPITAL, CHAMARAJANAGAR - 571 313
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 7(c). SMT.WAHEEDA, MAJOR, W/O SRI JABBAR, R/AT MINI DARBGAR HOTEL, SATHI ROAD, CHAMARAJANAGAR 571 313 7(d). SRI MUJAHEED PASHA MAJOR, S/O LATE MD.AMEER SAB, RESPONDENT NOS.7(a) and 7(d) R/AT BEHIND K.S.R.T.C. BUS STAND, CHAMARAJANAGAR - 571 313
8. SRI SYED PASHA AGED ABOUT 56 YEARS, S/O SRI SYED IBRAHIM (ANTU) R/AT BEHIND K.S.R.T.C BUS STAND, CHAMARAJANAGAR-571 313. 9. 9(a). 9(b). SRI ABDUL GAFOOR (MOLE) R/AT BEHIND K.S.R.T.C BUS STAND, CHAMARAJANAGAR-571 313. SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES SMT. SAJIDA BEGUM, AGED ABOUT 59 YEARS, CO/O SRI ABDUL GAFOOR SRI PASHA, MAJOR, AUTO DRIVER, BEHIND GOVT. HOSPITAL CHAMARAJANAGAR - 571 313
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 9(c). 9(c)(a). SRI IMTIYAZ MAJOR, R/AT BEHIND GOVT. HOSPITAL, CHAMARAJANAGAR - 571 313 SINCE DECEASED REP. BY HIS LRS SMT. SABIHA AGED ABOUT 55 YEARS, W/O LATE IMTIYAZ 9(c)(b). SRI PARVEEZ AGED ABOUT 36 YEARS, S/O LATE IMTIYAZ 9(c)(c). SMT. ASHMA AGED ABOUT 34 YEARS, D/O LATE IMTIYAZ 9(c)(d). SMT. SALMA AGED ABOUT 32 YEARS, D/O LATE IMTIYAZ 9(c)(e). SMT. NEEHA AGED ABOUT 30 YEARS, D/O LATE IMTIYAZ 9(c)(f). SMT. MUBERAKKUNNISA AGED ABOUT 28 YEARS, D/O LATE IMTIYAZ RESPONDENT NOS.9(c)(a) to 9(c)(f) are R/AT BEHIND GOVERNMENT HOSPITAL, CHAMARAJANAGAR-571313. - 12 -
HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 9(d). SMT.SAYEEDA, MAJOR, D/O SRI SHAFEE, R/AT BEHIND BEEDI COLONY, CHAMARAJANAGAR. 9(e). SRI MOQTHAR, MAJOR, STAR LORRY OWNER, R/AT BEHIND KSRTC BUS STAND, CHAMARAJANAGAR. 9(f). SMT.WAHEEDA MAJOR, W/O SRI ASLAM, R/AT SAHEE DARBAR HOTEL, SATHI ROAD, CHAMARAJANAGAR - 571 313 9(g). SMT.MOHEEDA MAJOR, W/O SRI SYED ASLAM, R/AT BEEDI COLONY, CHAMARAJANAGAR - 571 313 9(h). SRI ASLAM MAJOR, R/AT C/O SANAULLA, MOBARAQUE MOHALLA, CHAMARAJANAGAR - 571 313 9(i).
SMT.NAVEEDA BANU MAJOR, W/O SRI SHOUQUATH, R/AT MELLEKOTE, KANAKAPURA POST,
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 HINDUSTAN SHADI MAHAL, RAMANAGAR ROAD 562 117
10. SMT.SAJIDA BEGUM AGED ABOUT 59 YEARS, W/O SRI ABDUL GAFOOR R/AT BEHIND K.S.R.T.C BUS STAND, CHAMARAJANAGAR-571 313. 11. SRI BASHEER AHMED (BIJLI) AGED ABOUT 70 YEARS, R/AT BEHIND K.S.R.T.C BUS STAND, CHAMARAJANAGAR-571 313. SINCE DECEASED REP. BY HIS LEGAL REPRESENTATIVES 11(a). 11(b). 11(c). 11(d). 11(e) SMT. NOOR JAHAN, AGED ABOUT 62 YEARS, W/O LATE BASHEER AHMED (BIJLI) SRI SHAFIULLA, AGED ABOUT 47 YEARS, S/O LATE BASHEER AHMED (BIJLI) SRI KHALEELULLA, AGED ABOUT 45 YEARS, S/O LATE BASHEER AHMED (BIJLI) SRI JABIULLA, AGED ABOUT 42 YEARS, S/O LATE BASHEER AHMED (BIJLI) SRI UBEDULLA, AGED ABOUT 39 YEARS,
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 11(f). 11(g). 11(h). 12. 12(a). S/O LATE BASHEER AHMED (BIJLI) SMT. AYESHA BANU, AGED ABOUT 37 YEARS, D/O LATE BASHEER AHMED (BIJLI) SRI. JIYAULLA, AGED ABOUT 35 YEARS, S/O LATE BASHEER AHMED (BIJLI) SRI. SAMIULLA, AGED ABOUT 33 YEARS, S/O LATE BASHEER AHMED (BIJLI) RESPONDENT NOS.11(a) to 11(h) ARE RESIDING AT MUBARAQ MOHALLA, CHAMARAJA NAGAR - 571 313. SMT.JUBEDABIYSMMA AGED ABOUT 56 YEARS, W/O SRI ABDUL SATTAR, MUBARAQ MOHALLA, CHAMARAJANAGAR-571 313. SINCE DECEASED REP. BY HER LRS SMT. UHTTHEJA AGED ABOUT 48 YEARS, W/O SRI FAYAZ, 12(b). SRI ZABHIULLA AGED ABOUT 45 YEARS, S/O LATE ABDUL SATTHAR 12(c). SMT. SHAHEENA
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 AGED ABOUT 42 YEARS, W/O SRI ZABEE, 12(d). SMT. NASEEMA AGED ABOUT 40 YEARS, D/O SMT. JUBEDIBIYAMMA, 12(e). SMT. ASMA AGED ABOUT 38 YEARS, D/O SMT. JUBEDIBIYAMMA, 12(f). SMT. SALMA AGED ABOUT 36 YEARS, D/O SMT. JUBEDIBIYAMMA, RESIDING AT SOWHARDA LAYOUT, GUNDLUPET ROAD, CHAMARAJANAGAR-571313. 12(g). SRI ABDULLA AGED ABOUT 34 YEARS, S/O ABDUL SATTHAR, RESPONDENT NOS.12(a) to 12(e) and 12(g) are R/AT BEHIND KSRTC BUS STAND, CHAMARAJANAGAR-571313. 13. 13(a).
SRI MOHAMMED INAYATH AGED ABOUT 57 YEARS, S/O.LATE MOHAMMED ATHAULLA, SINCE DECEASED REP. BY HIS LRS SRI KHALEED AGED ABOUT 40 YEARS, S/O LATE MOHAMMED INAYATH
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 13(b). SRI RUHEL AGED ABOUT 38 YEARS, S/O LATE MOHAMMED INAYATH 13(c). SRI HIDAYATH AGED ABOUT 36 YEARS, S/O LATE MOHAMMED INAYATH 13(d). SRI NADEEM AGED ABOUT 34 YEARS, S/O LATE MOHAMMED INAYATH 13(e). SRI RAHATH AGED ABOUT 36 YEARS, S/O JUBEDIBIYAMMA 13(f). SRI FARAHATH AGED ABOUT 34 YEARS, S/O LATE MOHAMMED INAYATH 13(g). SMT. APSARI AGED ABOUT 32 YEARS, D/O LATE MOHAMMED INAYATH RESPONDENT NO.13(a) to 13(g) ARE R/AT MAMBALL VILLAGE, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT-571 441
14. SRI MOHAMMED KIFAYATH AGED ABOUT 48 YEARS, S/O.LATE MOHAMMED ATHAULLA,
15. SRI MOHAMMED SAYEEDULLA AGED ABOUT 43 YEARS,
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 S/O.LATE MOHAMMED ATHAULLA,
16. SMT ASHRAFUNNISA AGED ABOUT 49 YEARS, W/O.SRI SYED RAHATMAN, RESPONDENT NO.13 TO 16 ARE RESIDING AT BEHIND K.S.R.T.C. BUS STAND, CHAMARAJANAGAR-571313. 17. SRI VIKAR AHMED AGED ABOUT 50 YEARS, S/O.LATE GULAM MOHAMMED SAB, BESIDE PUSHPA BAR, CHAMARAJANAGAR - 571 313. 18. SMT PUTTA VENKATGAMMA AGED ABOUT 77 YEARS, W/O.LATE S.P.OBANNA, PUSHPA BAR, CHAMARAJANAGAR-571 313. 19. 19(a) SMT JAHIDA BEGUM AGED ABOUT 56 YEARS, W/O LATE ABDUL GAFOOR(PANTI), RESIDING AT BEHIND K.S.R.T.C. BUS STAND, CHAMARAJANAGA-571313. SINCE DECEASED REP. BY HER LRS SRI NAHEEM ULLA AGED ABOUT 48 YEARS, S/O LATE ABDUL GAFOOR, 19(b). SRI FASI ULLA
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 AGED ABOUT 46 YEARS, S/O LATE ABDUL GAFOOR 19(c). SRI KALEEM ULLA AGED ABOUT 44 YEARS, S/O LATE ABDUL GAFOOR 19(d). SRI ALI ULLA AGED ABOUT 42 YEARS, S/O LATE ABDUL GAFOOR 19(e). SRI SALMAN ULLA AGED ABOUT 38 YEARS, S/O LATE ABDUL GAFOOR 19(f). SRI ZUBHERA ULLA AGED ABOUT 36 YEARS, S/O LATE ABDUL GAFOOR 19(g). SMT. SHABREEN AGED ABOUT 34 YEARS, D/O LATE ABDUL GAFOOR, 19(h). SMT. GORI AGED ABOUT 32 YEARS, D/O LATE ABDUL GAFOOR, 19(i). SMT.
HEENA AGED ABOUT 30 YEARS, D/O LATE ABDUL GAFOOR, RESPONDENT NOS.19(a) to 19(i) ARE R/AT NEAR SHARFUNISSA MASJID ROAD, 3RD WARD, GALIPURA, CHAMARAJANAGAR-571 313. - 19 -
HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016
20. SRI SYED AMEER AMJA (GUARD) AGED ABOUT 56 YEARS, S/O.SRI SYED NOOR, RESIDING AT K.K.ENTERPRISES, M.P.S. CAMPUS, RATHADA BEEDI, CHAMARAJANAGAR-571313. 21. SRI SYED AJIJULLA AGED ABOUT 58 YEARS, S/O.SRI SYED NOOR,OWNER -S.K.S. BUS, RESIDING AT BEHIND K.S.R.T.C. BUS STAND, CHAMARAJANAGA-571 313. 22. SRI KHIZAR AGED ABOUT 43 YEARS, S/O.LATE ABDUL KHALEED, RESIDING AT K.K.ENTERPRISES, M.P.S. CAMPUS, RATHADA BEEDI, CHAMARAJANAGAR-571 313. 23. SMT JAIBUNNISA AGED ABOUT 71 YEARS, W/O LATE ABDUL KHALEED, RESIDING AT K.K.ENTERPRISES, M.P.S. CAMPUS, RATHADA BEEDI, CHAMARAJANAGAR-571 313. 24. SMT YASMEEN AGED ABOUT 47 YEARS, RESIDING AT K.K.ENTERPRISES, M.P.S. CAMPUS, RATHADA BEEDI, CHAMARAJANAGAR-571 313. 25. SRI AYUB AGED ABOUT 47 YEARS,
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 S/O.LATE ABDUL RASHID (LORRY DRIVER) BEHIND K.S.R.T.C. BUS STAND, CHAMARAJANAGARA-571 313. 26. SRI ASADULLA (LORRY DRIVER) AGED ABOUT 47 YEARS, S/O.LATE ABDUL JABBAR (PANTI), BEHIND K.S.R.T.C. BUS STAND, BEEDI COLONY, 5TH BLOCK, CHAMARAJANAGARA -571 313. 27. SRI SANAULLA AGED ABOUT 59 YEARS, S/O.LATE ABDUL RAZAQUE, RESIDING AT K.P.MOHALLA, CHAMARAJANAGAR-571313. 28. SMT KRUSHID BHANU AGED ABOUT 49 YEARS, W/O. SRI FIAZ AHEMED, REISIDING AT B.DIVISION, MUBHARAQ MOHALLA, CHAMARAJANAGAR TOWN - 571 313
29. SRI AMEER AHMED AGED ABOUT 51 YEARS, S/O.LATE ABDUL RUB, RESIDING AT BEHIND K.S.R.T.C.
BUS STAND, K.N.MOHALLA, CHAMARAJANAGAR TOWN - 571 313
30. THE COMMISSIONER CHAMARAJANAGAR CITY, CHAMARAJANAGAR 571 313
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016
31. THE COMMISSIONER CHAMARAJANAGAR URBAN DEVELOPMENT AUTHORITY, CHAMARAJANAGAR CITY, CHAMARAJANAGAR - 571 313. 32. SRI. SYFULLA AGED ABOUT 49 YEARS, S/O.LATE RAHAMATHULLA, RESIDING AT K.P. MOHALLA, CHAMARAJANAGAR - 571 313. …RESPONDENTS (BY SRI. SYED AKBAR PASHA, ADVOCATE FOR SRI. MAHANTESH S. HOSMATH, ADVOCATE FOR R1, R7(B AND D), R8, R17, R20 TO R24;
SRI. G.R. ANANTHRAM, ADVOCATE FOR R29; SRI.
P NATARAJU, ADVOCATE FOR R28, R9(i), R14, R15, R25, R26, R27, R31, R32, R2(C), R2(I), R4(C), R6(E), R6(G), R7(A)(i), R7(A)(ii), R7(A)(iii), R11(D), 12(F), R19(F);
VIDE ORDER DATED 28.04.2017, NOTICE TO R3, R9(D AND G) AND R30 ARE HELD SUFFICIENT;
VIDE ORDER DATED 16.07.2018 R9(F) IS HELD SUFFICIENT;
VIDE ORDER DATED 11.03.2019 R13(A TO G) ARE HELD SUFFICIENT;
VIDE ORDER DATED 11.06.2021, NOTICE TO R2(B), R9(A), R19(A TO E AND G-I) ARE HELD SUFFICIENT;
VIDE ORDER DATED 08.04.2025, NOTICE TO R7(C), R9(B, E, H), PROPOSED R2(D TO H), PROPOSED R2(J), R12(A TO E) AND G, R9(C)(A) TO R9(C)(F), R5(A TO I), R4(A, B AND D), R7(A)(iv), R6(A TO D), R6(F, H-I), PROPOSED R11(A TO C), R11(E TO H) AND R5(J), R10, R16 ARE HELD SUFFICINET;
R18(A), R18(B), R18(C), R18(G) ARE SERVED)
THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 DATED 15.07.2016 PASSED ON O.S.310/2015 BY THE COURT OF THE CIVIL JUDGE (SR. DN.,) CHAMARAJANAGAR ON I.A.31 AT ANNEX-K AND ALLOW I.A.31 OR PASS OTHER SUITABLE ORDERS OR GIVE SUITABLE DIRECTIONS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER
This writ petition is filed challenging the order dated 15.07.2016 passed on I.A.No.XXXI filed under Section 151 of the Code of Civil Procedure (hereinafter referred to as 'CPC' for short) in O.S.No.310/2005 by the Senior Civil Judge and CJM, Chamarajanagara (hereinafter referred to as the 'Trial Court' for short). 2. Heard Sri Y.V. Prakash, learned counsel appearing on behalf of Sri Y.K. Narayana Sharma, learned counsel for the petitioners; Sri P Nataraju, learned counsel for respondent No.28, Sri Syed Akbar Pasha, learned counsel appearing on behalf of Sri. Mahantesh S Hosmath, learned
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 for respondent Nos.1, 7(B), 7(D), 8, 17 and 20 to 24; and Sri G.R. Ananthram, learned counsel for respondent No.29. 3. The petitioners/plaintiff Nos.1 to 6 and 8 to 17 have filed O.S.No.310/2005 seeking the reliefs of declaration and possession. In the said suit, the defendants filed detailed written statements denying the assertion of the plaintiffs that they have encroached upon the suit schedule property. The evidence is commenced. 4. At that stage, the plaintiffs filed I.A.No.10 seeking appointment of a Court Commissioner, which came to be allowed by the Trial Court vide order dated
28.11.2011. The Trial Court appointed the Assistant Director of Land Records (hereinafter referred to as
"ADLR" for short), Kollegal Sub-division, as the Court Commissioner and issued a warrant along with a memo of instructions for conducting the survey. 5. The ADLR has submitted a report before the Trial Court indicating that the property referred to in the
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 application and the memo of instructions had been fully developed and that residential houses have come up on the land. Hence, despite securing the necessary equipments from the Head Office, they are unable to conduct the survey. 6. Thereafter, the petitioners/plaintiffs filed I.A.No.XXXI under Section 151 of the CPC seeking appointment of a Retired Survey Officer as a Fresh Court Commissioner by issuing a Fresh Court Commissioner Warrant for surveying the plaint schedule property in terms of the orders on I.A.No.10, dated 28.11.2011 and also in terms of the memo of instructions already filed by the parties to the suit before the Trial Court. 7.
To substantiate the said prayer in the application, it is argued that an experienced retired Survey Officer has informed the plaintiffs that the department can use GPS technology and conduct the survey. Based on such input from the retired Survey Officer, the application
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 has been filed seeking appointment of a Fresh Court Commissioner. 8. It is required to be noticed that on an earlier occasion, the Trial Court was satisfied that the survey is required by an independent Commissioner to answer the issues involved in the dispute and had appointed a Court Commissioner. However, the Court Commissioner submitted a report indicating his inability to proceed in view of the development on the property. 9. It is also required to be noticed that the petitioners/plaintiffs are contending that, by using the latest technology such as GPS, the survey can be conducted even if the property is developed. Considering the said aspect, I am of the view that ADLR or Deputy Director of Land Records (hereinafter referred to as
"DDLR" for short) of the jurisdiction is required to make use of new technology such as GPS, conduct the survey, and submit a report. Hence, it would be appropriate for the Trial Court to appoint either the jurisdictional ADLR or
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016 DDLR to conduct the survey by using latest technology such as GPS and to submit a report as per the terms of the memo of instructions filed by the parties on earlier occasion. 10. In my considered view, the said appointment of Court Commissioner is necessary to decide the dispute in the case on hand, as the plaintiffs have specifically made the assertion that the defendants have encroached upon the suit schedule property. When things stood thus, I am of the view that the report of the Court Commissioner would aid the Trial Court in deciding the dispute between the parties.
Hence, I proceed to pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned order dated 15.07.2016 passed on I.A.No.XXXI in O.S.No.310/2005 by the Senior Civil Judge and CJM, Chamarajanagara is hereby set aside.
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HC-KAR NC: 2026:KHC:33567 WP No. 46732 of 2016
iii) Consequently, I.A.No.XXXI filed under Section 151 of the CPC by the plaintiffs is allowed in part. The Trial Court shall appoint the jurisdictional ADLR or DDLR as a Court Commissioner with a direction to use GPS technology, conduct the survey and submit a report as per the memo of instructions filed by the parties.
iv) No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 1