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2026 DAILYLAW 5862 (KAR)

MRS. MEGHNA W/O BAJAJ NIMBALKAR v. THE LAND TRIBUNAL CHIKKODI

WP/106833/2025 · 2026-02-09

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1818 WP No. 106833 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.106833 OF 2025 (GM-RES) BETWEEN: MRS. MEGHNA W/O. BAJAJI NIMBALKAR, AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. “PADMA CASTLE”, 2113, “E” WARD, NIMBALKAR COLONY, TARARANI CHOWK, KOLHAPUR, MAHARASHTRA-416001. …PETITIONER (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: THE LAND TRIBUNAL CHIKKODI, TAL. CHIKKODI, DIST. BELAGAVI-591201. …RESPONDENT (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE MISC. PETITION DATED 25.05.2023 FILED ON 26.05.2023 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE SUCH OTHER SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1818 WP No. 106833 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “PRAYER WHEREFORE, for the reasons stated above, the Petitioner humbly prays that this Hon’ble Court may kindly be pleased to:- a) Issue Writ in the nature of Mandamus directing the Respondent to consider the Misc. petition dated 25.05.2023 filed on 26.05.2023 vide ANNEXURE-F, in the interest of justice and equity. b) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.” 2. The suit in O.S.No.35/1982 is filed against the grandfather of the petitioner and other defendants. The suit came to be dismissed and against that, RFA.No.746/1996 was filed and the same was reversed by judgment and decree dated 26.02.2010. The order passed in RFA.No.746/1996 was challenged before the Hon’ble Supreme Court in SLP.Nos.19595- 19596/2010 and the Hon’ble Apex Court had dismissed the special leave petition. Thereafter, legal heirs of Krishnabai filed Execution Pettion No.20/2016 based on the order passed in RFA.No.746/1996. The grandmother of the petitioner was Judgment Debtor No.20 in the said execution petition. On her - 3 - HC-KAR NC: 2026:KHC-D:1818 WP No. 106833 of 2025 death, the present petitioner was brought on record as Judgment Debtor No.20A. 3. Then the petitioner filed an application under Order XXI Rule 97 read with Sections 47 and 151 of CPC, wherein it is stated that the Late Smt.Krishnabai had filed a declaration in prescribed Form-11 under Section 66 of the Karnataka Land Reforms Act. The Land Tribunal by its order dated 18.02.1982 declared that she is entitled to hold 62.27 acres of land as on 01.03.1974. However, the executing Court had rejected the application filed by the petitioner vide order dated 18.06.2022. Being aggrieved by the order dated 18.06.2022 passed in E.P.No.20/2016, the petitioner had filed CRP.No.100088/2022 before this Court and the same was dismissed by order dated 23.02.2022. Being aggrieved by the order passed in CRP.No.100088/2022, the petitioner filed Special Leave Petition No.5239/2023 and the SLP was dismissed observing that “Dismissal of this special leave petition shall not stand in the way of the petitioner in other proceedings initiated by him”. 4. Thereafter, the petitioner had filed a petition on 26.05.2023 under Sections 65 and 67 of the Karnataka Land - 4 - HC-KAR NC: 2026:KHC-D:1818 WP No. 106833 of 2025 Reforms Act, 1961. It is the case that the respondent has not even issued the notice nor passed any order or taken any action in the matter. Hence, the petitioner has come up before this Court seeking direction to the respondent to consider his petition in accordance with law. 5. Considering the facts of the case and the fact that the miscellaneous petition is pending before the Land Tribunal from 26.05.2023, this Court deems it appropriate to pass the following order: ORDER i. The respondent/Land Tribunal is requested to consider the miscellaneous petition dated 25.05.2023 as expeditiously as possible in accordance with law. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 2