Back
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF FEBRUARY 2023
PRESENT
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON’BLE MR.JUSTICE T.G.SHIVASHANKARE GOWDA
WRIT APPEAL No.50157/2013 (LR)
C/W
WRIT APPEAL No.50158/2013 (LR)
IN WRIT APPEAL NO.50157/2013
BETWEEN:
Shaik Nadeem
S/o Shadulla Saheb
Since deceased by LRs
i.
Goribee
W/o Late Shaik Nadeem
Aged about: 73 years,
Occ: Household
ii.
Shaik Abdul Rasheed
S/o Late Shaik Nadeem
Aged about: 48 years,
Occ: Gulbarga Faroosh
iii.
Maimuna Begum
W/o Md. Nazeer Hussain
Aged about: 46 years,
Occ: Household
2
iv.
Saleema Begum
W/o Mohd.Khaja
Aged about: 44 years,
Occ: Household
v.
Shahanaz Begum
W/o Syed Ismail
Aged about: 42 years,
Occ: Household
vi.
Shaheen Begum
W/o Babu Miyan
D/o Late Shaik Nadeem
Aged about: 38 years,
Occ: Household
vii.
Gousiya Begum
D/o Late Shaik Nadeem
Aged about: 36 years,
Occ: Agriculture
viii.
Shaik Nasir,
S/o Late Shaik Nadeem,
Aged about 36 years,
Occ : Agriculture
All R/o H.No.5-395, Kala Huda
Roza (B), Gulbarga
…Appellants
(By Sri A.G.Shivanna Senior Counsel for
Sri Vinayak Apte, Advocate)
AND:
1.
State of Karnataka
By its Secretary to Govt. of Karnataka
Revenue Department, Vidhana Soudha
Bangalore-560 001
3
2.
Land Tribunal
Gulbarga Taluka, Gulbarga
By its Secretary-585 101
3.
Syed Gulam Dastagir
Since Deceased by LRs.
Smt. Shahana Nafeez W/o Anwarul Haq
Since Deceased by LRs.
i.
Anwar-Ul-Haq S/o Noor-Ul-Islam
Age: 69 years, Occ: Business
ii.
Heena D/o Anwar-Ul-Haq
Age: 43 years, Occ: Business
iii.
Lubuna D/o Anwar-Ul-Haq
Age: 40 years, Occ: Business
iv.
Najmul Islam S/o Anwar-Ul-Haq
Age: 38 years, Occ: Business
v.
Moin-Ul-Islam @ Mahe-Ul-Islam
S/o Anwar-Ul-Haq
Age: 25 years, Occ: Business
All R/o: Noor-Ul-Islam Compound
MSK Mill Road, Gulbarga-585 101
4.
Sajjada Nashin Dargaha Shariff
Since Deceased by LR
Syed Shah Khusro Hussaini
S/o Syed Shaha Mohd. Mohamadul
Hussaini
Age: 63 years, Occ: Sajjada Nasheen
Darga Hajarat Khaja Banda Nawaz Roza (B)
Gulbarga-585 102
4
5.
The Wakf Board
By its Secretary
Cunningham Road
Bangalore-56
…Respondents
(By Sri M.C.Basareddy, GA, for R1 & R2;
Sri K.N.Phaneendra, Senior Counsel for
Sri A.M.Nagral, Advocate for R3(i) to R3(v);
Respondent No.4 is served;
Sri M.Sudarshan, Advocate for R5)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
impugned order dated 21/02/2013 passed by learned
Single Judge of Hon’ble High Court of Karnataka Circuit
Bench
at
Gulbarga
in
W.PNo.759/2003(LR)
and
consequently allow the writ petition filed by the appellants
in W.P.No.46089/2002 and quash the order as per
Annexure-E of the writ petition dated 26/11/2002 passed
in LRA/TNC/51/78-79 and LRA/TNC/45/78-79 passed by
respondent No.2.
IN WRIT APPEAL NO.50158/2013
BETWEEN:
Shaik Nadeem S/o Shadulla
Since deceased by LRs
i.
Goribee
W/o Late Shaik Nadeem
Aged about: 67 years,
Occ: Household
R/o Darga Peer Beeshar
Roza(B), Gulbarga
ii.
Shaik Rasheed
S/o Late Shaik Nadeem
Aged about: 47 years,
5
Occ: Gulbarga Faroosh
R/o: H.No.5-394,
Behind Darga Peer Beeshar
Roza (B), Gulbarga
iii.
Maimoona Begum W/o Nazeer
D/o Late Shaik Nadeem
Aged about: 45 years,
Occ: Household
R/o: Khaja Colony,
Roza (B), Gulbarga
iv.
Salma Begum
W/o Khaja Miyan
D/o Late Shaik Nadeem
Aged about: 44 years,
Occ: Household
C/o R/o: H.No.5-394,
Behind Darga Peer Beeshar,
Roza (B), Gulbarga
v.
Shahnaz Begum
W/o Baba Miyan
D/o Late Shaik Nadeem
Aged about: 40 years,
Occ: Household
C/o R/o: H.No.5-394,
Behind Darga Peer Beeshar,
Roza (B), Gulbarga
vi.
Shaheen Begum
W/o Babu Miyan advocate
D/o Late Shaik Nadeem
Aged about: 38 years,
Occ: Household
R/o: Islambad Colony,
Roza(B) Gulbarga
6
vii.
Gousiya Begum (Divorcee)
D/o Late Shaik Nadeem
Aged about: 36 years,
Occ: Household
C/o R/o: H.No.5-394,
Behind Darga Peer
Beeshar, Roza (B), Gulbarga
viii.
Shaik Naseer
S/o Late Shaik Nadeem
Aged about: 32 years,
Occ: Service in Saudi Arbia
R/o: H.No.5-394,
Behind Darga Peer
Beeshar, Roza (B),
Gulbarga
…Appellants
(By Sri A.G.Shivanna Senior Counsel for
Sri Vinayak Apte, Advocate)
AND:
1.
State of Karnataka
By its Secretary to Govt. of Karnataka
Revenue Department,
Vidhana Soudha
Bangalore-560 001
2.
Land Tribunal
Gulbarga Taluka, Gulbarga
By its Secretary
3.
Amt. Ahmedi Begum
W/o Mohammed Bahavuddin Ahmed
dead by LRs
i.
Khurshida Begum
W/o Late Sujauddin Ansari
Age: 70 years,
7
occ: Housewife
R/o: H.No.5-460, Roza (B),
Gulbarga-585 104
ii.
Naubat Pasha
S/o Late Bahuddin
Age: 68 years,
Occ: Private Service
R/o: H.No.5-460, Roza (B),
Gulbarga-585 104
4.
Sajjada Nashin Dargaha Shariff
Mohammed Mohammed-Ul-Husseni
Since Deceased by LR
i.
Syed Shah Khusro Hussaini
S/o Late Dr.Syed Shah Husseni
Age: 60 years,
Occ: Sajjada Nasheen &
Mutuwalli of Darga Hazarat Khaja Banda
Nawaz (RA), At Badi Dewli,
R/o Roza (B), Gulbarga
5.
Syed Gulam Dastagir
Since Deceased by LRs.
Smt. Shahana Nafeez
W/o Anwarul Haq
Since Deceased by LRs.
i.
Anwar-Ul-Haq S/o Noor-Ul-Islam
Age: 62 years, Occ: Business
R/o H.No.1-862,
Noor-Ul-Islam Compound
MSK Mill Road,
Gulbarga-585 101
ii.
Dr. Heena Azam D/o Anwar-Ul-Haq
W/o Azam Mahmood
8
Age: 41 years, Occ: Medical Practitioner
R/o H.No.1-862,
Noor-Ul-Islam Compound
MSK Mill Road, Gulbarga-585 101
iii.
Dr. Lubuna D/o Anwar-Ul-Haq
W/o Khaja Kaleel Anwar
Age: 39 years,
Occ: Medical Practitioner
R/o H.No.1-862,
Noor-Ul-Islam Compound
MSK Mill Road, Gulbarga-585 101
iv.
Najmul Ul Islam @ Ahmer
S/o Anwar-Ul-Haq
Age: 35 years, Occ: Business
R/o H.No.1-862,
Noor-Ul-Islam Compound
MSK Mill Road,
Gulbarga-585 101
v.
Moin-Ul-Islam @ Samar
S/o Anwar-Ul-Haq
Age: 31 years,
Occ: Business
R/o H.No.1-862,
Noor-Ul-Islam Compound
MSK Mill Road,
Gulbarga-585 101
…Respondents
(By Sri M.C.Basareddy, GA for R1 & R2;
Sri Shivakumar Kalloor, Advocate for R3(ii);
Respondent No.4 (i) is served;
Sri K.N.Phaneendra, Senior Counsel for
Sri A.M.Nagral, Advocate for R5(i) to R5(v))
9
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the
impugned order dated 21/02/2013 passed by learned
Single Judge of Hon’ble High Court of Karnataka Circuit
Bench at Gulbarga in W.P No.759/2003(LR) by allowing
this writ appeal and confirm the order passed by
respondent
No.2
dated:29/11/2002
passed
in
LRA/TNC/51/78-79 and LRA/TNC/45/78-79.
THESE WRIT APPEALS HAVING BEEN HEARD AND
RESERVED
ON
01.02.2023
AND
COMING
ON
FOR
PRONOUNCEMENT
THIS
DAY,
SREENIVAS
HARISH
KUMAR J., DELIVERED THE FOLLOWING:
By order dated 21.2.2013, the learned
single
Judge
allowed
W.P.759/2003
dismissed W.P.46089/2002. W.A.50157/2013
arises
from
the
order
pertaining
to
W.P.46089/2002 and W.A.50158/2013 pertains
to order in W.P.759/2003. Brief facts are as
follows :
2. The above two writ petitions were filed
challenging the order dated 29.11.2002 by the
Land Tribunal, Gulbarga, in LRA:TNC:51:78-79
10
LRA:TNC:45:78-79
connection
with
lands in Sy. No. 53 of Vakkalgera and Sy. No.
12 of the village Badepura. 11 acres 15 guntas
in Sy. No.53 of Vakkalgera village was a
service inam land attached to Hazrath Khaja
Banda Nawaz, Gulbarga. After coming into
being of Karnataka Certain Inams Abolition Act
and Rules, Gulam Dastgir filed Form No. 1
before the Land Tribunal seeking the grant of
occupancy rights in respect of this land. His
case was that one Smt. Afzar Jahan Begum was
a permanent lessee of 11 acres 15 guntas in
Sy. No.53 of Vakkalgera village and 8 acres 34
guntas in Sy. No. 12 of Badepura village and
she sold away her tenancy rights to him in the
year 1943 in respect of these two lands. He
was in possession of these lands till Karnataka
Certain Inams Abolition Act was given into
11
force. His claim on the land in Sy. No. 12 was
upheld by the Tribunal and there was no rival
claimant for the same. But in respect of land
in Sy. No.53, there was a rival claimant by
name Shaik Nadeem. He stated that one
Sajjada Nashin Dargah Sharif was the inamdar
and the latter leased this land orally to him.
Initially on 19.11.1975 Shaik Nadeem filed
Form No.7 under the Karnataka Land Reforms
Act
seeking
occupancy
rights,
after
Karnataka Certain Inams Abolition Act came
into force, he filed Form No. 1. Gulam Dastgir
did not file Form No. 1 personally, but his
power of attorney namely Noor-ul Islam filed
Form No.1 on his behalf.
3. One Smt. Ahmadi Begum also filed
Form
No.
claiming
occupancy
rights
respect of a building situated in Sy. No. 53 and
12
a certain extent of vacant land around the
building.
4. The Land Tribunal after holding a
detailed enquiry found that Afzar Jahan Begum
was a permanent tenant and she sold the
same
to
Gulam
Dastagir
his
name
appeared in column No.12 of the pahani not
only on the appointed date, i.e., 1.3.1974, but
also since 1967-68. The claim of Shaik
Nadeem on the basis of oral lease was not
accepted and therefore occupancy rights in
respect of 11 acres 15 guntas in Sy. No.53 of
the village Vakkalgera was conferred on Gulam
Dastagir. As regards the house the Tribunal
rejected the application of Smt. Ahmadi Begum
and allowed the claim of Smt. Shahana Nafees,
a
legal
representative
of
Gulam
Dastagir.
Aggrieved by this order, Smt. Ahmadi Begum
13
preferred W.P.759/2003 and Shaik Nadeem
preferred W.P.46089/2002. The common order
in these two writ petitions has given rise to
these
two
writ
appeals
by
the
legal
representatives of Shaik Nadeem.
5. We have heard the arguments of Sri
A.G.Shivanna,
learned
senior
counsel
who
appeared on behalf of Sri Vinayak Apte for the
appellants, Sri K.N.Phaneendra, learned senior
counsel
who
appeared
on
behalf
of
Sri
A.M.Nagaral for the legal representatives of
Gulam Dastgir, Sri Shivakumar Kalloor, learned
counsel who appeared on behalf of the legal
representatives of Smt. Ahmadi Begum and Sri
M.C.Basareddy, learned Government Advocate.
6. The appellants in W.A.50157/2013
have filed two applications under Order 41 Rule
14
27 CPC seeking to produce some documents in
support of their claim for occupancy rights.
7. The learned single Judge after going
through the findings given by the Tribunal
found
that
the
reasons
assigned
by
the
Tribunal for grant of occupancy rights in favour
of Gulam Dastgir in respect of land in Sy. No.
53 of Vakkalgera was correct, but not in
respect of the house situated in Sy. No.53.
Making an analysis of the legal position, the
learned single Judge has arrived at conclusions
that Gulam Dastagir claimed as a lessee under
an instrument whereas Shaik
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
