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HIGH COURT OF KARNATAKA
SHEIKH HYDER – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP/44311/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY 2020
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
W.P.No.44311 OF 2018(SC-ST)
BETWEEN:
1.
Sheikh Hyder,
Since dead by his LRs.
1(a). Rahamath Bi,
W/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(b). S.Shabeer,
W/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(c). Shaik Kabeer,
S/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(d). Muneer Pasha
S/o Pak Hyder,
R/at No.89C, Nehru Street,
Anekal Town, Bangalore-562106.
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1(e). Shameer
S/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(f). Shafeek Pasha,
S/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(g). Rafeek Pasha,
S/o Shaik Hyder,
R/at No.105, Ward No.10,
Nehru Beedi works, New pet,
Anekal, Bangalore-562106.
1(h). Yasmeen Taj,
W/o Mohammed Peer,
No.55/D, Railway Colony Diesel,
Loco Shed, K.R.Puram,
Bangalore North,
Krishnarajapuram, Bangalore-36.
1(i). Raheema Bi,
W/o Mohammed Ibrahim,
No.7, 19th Main Road,
HMT Layout, Mathikere,
Bangalore-54.
1(j). Shabeena Taj,
W/o Syed Shafiulla,
No.223, Indiranagar,
Weavers Colony,
Bangalore-06.
1(k). Nageena Taj,
W/o Nayeem Hussain,
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#2-307-06 Lobo Compound Pail,
Railway Station Road,
Puttur, Dakshina kannada-01.
1(l). Mubeena Taj,
Sayed Shujathulla P.
#1582, Sathanoor Road,
Channapatna, Ramanagar-60.
1(m). Ayesha Bi,
W/o Adil Pasha,
#18, Ward No.8 Attibele Road,
Opposite PLD Bank, Anekal,
Bangalore-562106.
… Petitioners
(By Sri. Srinivas V., Advocate)
AND:
1.
State of Karnataka,
Represented by it’s Secretary to,
Revenue Department,
Vikas Soudha, Bangalore-560 001.
2.
The Deputy Commissioner,
Bangalore Urban District,
Bangalore-560 001.
3.
The Assistant Commissioner,
South Sub-Division,
Bangalore-560 001.
4.
Shri. Lingappa,
S/o Kakappa,
Aged Major.
5.
Shri. Suresha,
S/o Kakappa,
Aged Major.
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6.
Shri. Umesha,
S/o Kakappa,
Aged Major.
The Respondent Nos. 4 to 6 are
R/at Bodarahalli Village,
Kasaba Hobli, Anekal Taluk. ... Respondents
(By Smt. Savithramma, HCGP for R1 to R3:
Sri. Vishwanath Shetty, Advocate for R4 to R6)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to call for the records in
SC/ST(A)28/15-16 on the file of the Deputy Commissioner
Bangalore Urban District, Bangalore (respondent No.2) and in
K.SC.ST(A)103/2006-2007
on
the
file
of
the
Assistant
Commissioner, Bangalore South Sub-Division, Bangalore and
etc.,
This writ petition, coming on for preliminary hearing in ‘B’
group, this day, the Court, made the following:
ORDER
This writ petition is directed against the order dated
27.04.2018 passed by the Deputy Commissioner vide Annexure-
E whereby the Deputy Commissioner allowed the appeal filed by
the legal representatives of the original grantee and resumed the
land in their favour under Sections 4 and 5 of the Karnataka
Scheduled Castes and Scheduled Tribes (Prohibition of Transfer
of Certain Lands) Act, 1978 (for short, ‘the PTCL Act’).
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2. The brief facts of the case is that the land bearing
Sy.No.594 measuring 2 acres 1 gunta situated at Anekal Rural
Village, Kasaba Hobli, Anekal taluk was originally granted in
favour of one A.K.Linga under Darkhast Rules in the year 1941-
42 with a condition of non-alienation for ever. The legal
representatives of the original grantee have sold the land in
favour of one Sheikh Hyder by a sale deed dated 03.10.1985.
The PTCL
