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2026 DAILYLAW 37135 (KAR)

SRI.MAHABOOB ALI v. THE STATE OF KARNATAKA

WP/24808/2026 · 2026-08-24

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010542342026 NC: 2026:KHC:45881 WP No. 24808 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24808 OF 2026 (GM-RES) BETWEEN: SRI.MAHABOOB ALI S/O LATE RAHEEM SAB AGED ABOUT 62 YEARS OCCUPATION AGRICULTURIST R/AT THIPLAPUR VILLAGE, KUDLIGERE HOBLI, BHADRAVATHI TALUK, SHIMOGA DISTRICT PIN: 577 233. …PETITIONER (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, DR. AMBEDKAR ROAD BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER OFFICE AT SIR M V ROAD, SAVALANGA ROAD, SHIVAMOGGA - 577 201 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010542342026 NC: 2026:KHC:45881 WP No. 24808 of 2026 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, BALARAJ URS ROAD, SHIVAMOGGA, PIN - 577 201. 4. THE TAHASILDAR AND TALUK MAGISTRATE BHADRAVATHI TALUK BHADRAVATHI PIN - 577 301 5. THE TALUK SURVEYOR BHADRAVATHI TALUK, BHADRAVATHI PIN - 577 301 6. THE SUB INSPECTOR OF POLICE BHADRAVATHI RURAL POLICE STATION SH 65, NEW BULLAPURA, BHADRAVATI, PIN - 577 301. 7. MRS. MUNIRA BI D/O RAHEEM SAB W/O ABDUL RAHIM AGED ABOUT 53 YEARS, R/O NO.52, GAGGARI, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT PIN - 577 427. …RESPONDENTS (BY SRI. SHAMANT NAIK, AGA FOR R1 TO R6 VIDE ORDER DTED 24.08.2026 NOTICE TO R7 IS D/W) - 3 - HC-KAR CNR: KAHC010542342026 NC: 2026:KHC:45881 WP No. 24808 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS IN NO. R.R.T.C.R 828/2025-26 DATED 16.04.2026 AND NO. R.R.T.C.R.828/2025-26 DATED 18.10.2025 ON THE FILE OF THE OFFICE OF TAHASILDAR AND TALUK MAGISTRATE BHADRAVATHI ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent nos.1 to 6. 2. Notice to respondent no.7 is dispensed with in view of the proposed order to be passed. 3. Petitioner is before this Court seeking for the following reliefs: a. Call for the records in No.R.R.T.C.R.828/2025-26 dated the file of the Office of Tahasildar & Taluk Magistrate Bhadravathi; 16/04/2026 and No.R.R.T.C.R.828/2025-26 dated 18/10/2025 on and b. b) To issue writ in the nature of Certiorari and may quash orders/vide No.R.R.T.C.R in 828/2025-26 dated 16/04/2026 vide Annexure-A & orders No.RRT:CR:828/2025-26 dated 18/10/2025, vide Annexure-B; and - 4 - HC-KAR CNR: KAHC010542342026 NC: 2026:KHC:45881 WP No. 24808 of 2026 c. To issue writ in the nature of Prohibition or any other appropriate direction, prohibiting the respondent Nos.3 to 6 in implementing the orders/directions in case No.R.R.T.C.R.828/2025- 26 dated 16/04/2026 vide ANNEXURE-A and No.R.R.T.C.R.828/2025-26 dated 18/10/2025 vide ANNEXURE-B issued by Tahasildar & Taluk Magistrate Bhadravathi. d. To pass such other order/s as this Hon'ble Court deems fit, to grant, in the circumstances of the case, in the interest of justice and equity. 4. R.F.A.No.1567/2019 and R.F.A.No.3/2024 are pending between the petitioner and respondent no.7 where the Hon'ble Division Bench of this Court vide order dated 09.07.2025 had clarified the order of status quo by permitting the parties to take the usufructs of the property which is in their possession. 5. Respondent no.7 having approached the Tahsildar, the Tahsildar had directed the police help to take immediate possession of the property. It is challenging the same, the petitioner is before this Court contending that the Tahsildar did not have the jurisdiction. 6. Since the Regular First Appeals are pending between the parties, it would always be available for the petitioners to move the said Court seeking for the reliefs as sought for in the present matter. - 5 - HC-KAR CNR: KAHC010542342026 NC: 2026:KHC:45881 WP No. 24808 of 2026 7. Reserving liberty to do so, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 4