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2026 DAILYLAW 50098 (KAR)

MURTUZA KHAN v. STATE OF KARNATAKA

WP/28267/2024 · 2026-01-06

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28267 OF 2024 (LB-RES) BETWEEN: 1. MURTUZA KHAN S/O LATE KAREEM KHAN, AGED ABOUT 78 YEARS, R/O UDUGANI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 447 2. JABBAR KHAN S/O LATE KAREEM KHAN, AGED ABOUT 76 YEARS, R/O UDUGANI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 447 3. ASHRAF S/O ABDUL VAHAD, AGED ABOUT 71 YEARS, R/O 2ND CROSS, SHREEDHAR NAGAR, SAGARA TALUK, SHIVAMOGGA - 577 401. 4. MUKTHAR AHAMED KHAN S/O ABDUL HAMEED KHAN, AGED ABOUT 72 YEARS, R/O 3RD MAIN, KESHAVANAGARA, HARIHARA TALUK, SHIVAMOGGA - 577 601. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 RIYAZ AHAMMAD KHAN SINCE DECEASED BY HIS L.RS 5. MOHAMMED ABRAR KHAN S/O LATE RIYAZ AHAMMAD KHAN, AGED ABOUT 26 YEARS, JAMIYA MASJID BACKSIDE, SHIRALAKOPPA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 428 6. AFREEN KHANAM D/O LATE RIYAZ AHAMMED KHAN, W/O ATTAR ALKEEN, AGED ABOUT 31 YEARS, R/O NO. 416, MAJI SUBEDAR KERE, NEAR AGRICULTURE OFFICE, SHIKARIPURA, SHIVAMOGGA - 577 427 7. RKSANA KHANAM D/O LATE RIYAZ AHAMMAD KHAN, AGED ABOUT 29 YEARS, R/O JAMIYA MASJID BACKSIDE, SHIRALAKOPPA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA - 577 428 8. MOHAMMED ISRRAR KHAN S/O LATE RIYAZ AHAMMAD KHAN, AGED ABOUT 24 YEARS, R/O JAMIYA MASIJID BACKSIDE, SHIRALAKOPPA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA - 577 428. 9. MOHAMMED NAWAZ KHAN S/O LATE RIJAZ AHAMMAD KHAN, AGED ABOUT 21 YEARS, R/O JAMIYA MASJID BACKSIDE, - 3 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 SHIRALAKOPPA, SHIKARIPURA TALUK, SHIVAMOGGA - 577 428. ZIYAULLA KHAN SINCE DECEASED BY HIS L.RS 10. RUKAYA D/O LATE ZIYAULLA KHAN, W/O HASEN MIYA, AGED ABOUT 42 YEARS, R/O SULEBAILU, URGADUR, SHIVAMOGGA CITY, SHIVAMOGGA TALUK AND DISTRICT - 577 203. 11. ANWAR KHAN S/O LATE ZIYAULLA KHAN, AGED ABOUT 44 YEARS, R/O SULEBAILU, INDIRANAGARA, SHIVAMOGGA TALUK AND DISTRICT - 577 203 12. SHABANA KHANUM D/O LATE ZIYAULLA KHAN, W/O KHALANDAR BASHA, AGED ABOUT 37 YEARS, R/O 5TH CROSS, SULEBAILU, SHIVAMOGGA TALUK AND DISTRICT - 577 203. 13. SHAHEENA KHANUM D/O LATE ZIYAULLA KHAN, W/O IQBAL AHMED, AGED ABOUT 42 YEARS, R/O SULEBAILU, URGADUR, SHIVAMOGGA TALUK AND DISTRICT - 577 203 14. FIROZ KHAN S/O LATE ZIYAULLA KHAN, AGED ABOUT 37 YEARS, R/O 9TH CROSS, SHANTHINAGARA, - 4 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 OPP. KOLI FARM, SHIVAMOGGA TALUK AND DISTRICT - 577 428 15. AFROZ KHAN S/O LATE ZIYAULLA KHAN, AGED ABOUT 36 YEARS, BEHIND MACCA MASJID, SULEBAILU, SHIVAMOGGA TALUK AND DISTRICT - 577 428. 16. SALMAN KHAN S/O LATE ZIYAULLA KHAN, AGED ABOUT 29 YEARS, R/O 9TH CROSS, SHANTHINAGARA, SHIVAMOGGA TALUK AND DISTRICT - 577 428. 17. ALMAS KHANUM GURANNI D/O LATE ZIYAULLA KHAN, W/O ZAFARULLAH KHAN, AGED ABOUT 57 YEARS, R/O VIDYANAGARA, RANEBENNUR TOWN AND TALUK, HAVERI DISTRICT - 581 115. 18. MAHABOOBI W/O LATE FAJAULALAKHAN, AGED ABOUT 63 YEARS, R/O 2ND CROSS, KANAKERI, SORABA TALUK, SHIVAMOGGA DISTRICT - 577 429 PETITIONERS NO.2 TO 10 AND 12 TO 18 ARE BEING REPRESENTED BY THEIR GPA HOLDERS NAMELY PETITIONERS NO.1 AND 11 …PETITIONERS (BY SRI. S.R. HEGDE HUDLAMANE, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, - 5 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA, SHIVAMOGGA DISTRICT - 577 201. 3. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH SHIVAMOGGA, KUVEMPU ROAD, SHIVAMOGGA - 577 201. 4. EXECUTIVE ENGINEER DEPARTMENT OF PANCHAYATH RAJ ENGINEERING, SAGARA TALUK, SHIVAMOGGA - 577 401. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 AND R2; SRI. A. NAGARAJAPPA, ADVOCATE FOR R3 AND R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AUTHORITY TO DISPERSE THE AWARD AMOUNT WITH RESPECT TO LANDS MEASURING 1 ACRE 27 GUNTAS IN SY.NO.46, 48 AND 51 OF PUNADAHALLI VILLAGE, KASABA HOBLI, SHIKARIPURA TALUK AS PER AWARD PASSED BY THE R-2 AUTHORITY DATED 05.02.2022 AT ANNEXURE-B TO SECURE THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 and 2. 2. Sri. A. Nagarajappa, learned counsel accepts notice for respondent Nos.3 and 4. - 6 - HC-KAR NC: 2026:KHC:555 WP No. 28267 of 2024 3. Petitioners are before this Court seeking for the following reliefs: (a) Kindly direct the Respondent No.1 authority to disperse the Award amount with respect to lands measuring 1 acre 27 guntas in Sy. No. 46, 48 & 51 of Punadahalli village, Kasaba Hobli, Shikaripura Taluk as per Award passed by the Respondent No.2 authority dated 05.02.2022 at ANNEXURE-B to secure the ends of justice and equity. (b) Issue such other Incidental relief which may be deemed fit on the facts and circumstances of the case to secure the ends of justice and equity. 4. Essentially, what the petitioners are seeking for is enforcing of an award passed in furtherance of the acquisition of the land of the petitioners. The petitioners have an alternate efficacious remedy of filing an execution proceeding in relation to such an award. 5. A mandamus directing the consideration of a representation in such a case cannot be granted. 6. With the above observation, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 15