IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 09^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

W.P.NO.37673/2004(LR)

BETWEEN:

NEELAVVA

W/O BASANAGOUDA,

SINCE DEAD BY HER LR’S,

1(A) NIRMALA

W/O VIRUPAXAPPA GODACHI,

AGE : 60 YEARS,

OCC: HOUSEHOLD,

R/O NEAR SAMUDAYA BHAVAN,

LINGARAJ NAGAR,

HUBBALLI, DIST: DHARWAD.

1(B) SMT.YELLAVVA,

W/O LATE GOVINDE GOUDA RENUKE GOUDA,

AGED ABOUT 58 YEARS.

R/O UGARGOL, TALUK: SAUNDATTI,

DIST: BELAAVI.

1(C) SRI BASANAGOUDA

S/O LATE GOVINDE GOUDA RENUKE GOUDA,

AGED ABOUT 58 YEARS.

R/O UGARGOL, TALUK: SAUNDATTI,

DIST: BELAAVI.

… PETITIONERS

(BY SRI MALLIKARJUN C.BASAREDDY, ADV.)

AND:

: 2 :

1. THE STATE OF KARNATAKA,

BY ITS SECRETARY TO GOVERNMENT,

REVENUE DEPARTMENT,

M.S.BUILDING, AMBEDKAR ROAD,

BANGALORE-01.

2. THE LAND TRIBUNAL,

SAUNDATTI TALUK

R/BY ITS SECRETARY,

SPECIAL TAHASILDHAR,

SAUNDATTI, DIST: BELAGAVI.

3. SHEIK UMAR SHEIK

S/O AMEM SAB,

SINCE DECEASED BY HIS L.RS.,

3(A) ZULEKHAN W/O UMAR SHIEKH,

AGE : 65 YEARS,

OCC: HOUSEHOLD WORK,

R/O UGARGOL, TQ: SAUNDATTI,

DIST: BELAGAVI,

NOW RESIDING AT

C/O I.D.TADAKOD,

“IMTIYAZ MANDI”, 2^ND CROSS,

SADHANAKERI,

DHARWAD-580008.

3(B) SHAHIN @ ZABEEN

W/O IMTIYAZ TADAKOD,

AGE : 36 YEARS, OCC: HOUSE WIFE,

R/O “IMTIYAZ MANDI”,

2^ND CROSS, SADHANAKERI,

DHARWAD-580008.

… RESPONDENTS

(BY SRI VINAYAK S.KULKARNI, AGA FOR R1 & 2)

(BY SRI SABEEL AHAMED ADV. FOR R3(A) TO 3(B)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO

QUASH THE ORDER DATED 26.11.2002 BEARING NO.KLR/CIA/

SDI/55:34-85 PASSED BY THE LAND TRIBUNAL, SAUNDATTI,

VIDE ANNEXURE-C BY ISSUE WRIT OF CERTIORARI.

: 3 :

THIS PETITION COMING ON FOR HEARING ON I.A. THIS

DAY, THE COURT MADE THE FOLLOWING:

: ORDER :

The Land Tribunal by the impugned order has

rejected Form No.7 of the petitioner on the ground that

the land in question had been granted to the father of

the petitioner as a gallantry award.

2.

Learned counsel for the petitioner contends

that despite opportunity being granted before the

Tribunal, the respondent did not produce any document

to establish that the land was granted as a gallantry

award.

3.

Learned counsel for the respondent submitted

a copy of the mutation register, in which a reference is

made to a gallantry award grant, said to have been

made in the year 1945.

4.

Learned counsel submits that, this document

could not be produced before the Tribunal and the

matter may be remanded to the Land Tribunal to enable

the respondent to produce the same.

: 4 :

5.

In view of the document which is produced

before me today, I deem it proper to set aside the order

of the Land Tribunal and remand the matter to the Land

Tribunal with liberty to the respondent-landlord to

produce the copy of the extract, which is produced

before me.

6.

The

Land

Tribunal

shall

take

into

consideration

this

document

and

pass

appropriate

orders in accordance with law in the matter.

The writ petition is accordingly disposed off.

Sd/-

JUDGE

EM