IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 8^thDAY OF NOVEMBER 2021

BEFORE

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

W.P.No.6352/2006 (LR)

BETWEEN:

1 .

MOHD IBRAHIM KHAZI

S/O ABDUL HASAN SAB

SINCE DECEASED BY HIS LRS.

1A.

SAABERA BEGUM KHAZI W/O IBRAHIM KHAZI,

AGE: 62 YEARS, OCC:HOUSEWIFE,

R/O MITTIKERI, KOPPAL,

TQ & DT: KOPPAL.

1B.

MEHABOOB S/O IBRAHIM KHAZI,

AGE: 32 YEARS, OCC:AGRIL,

R/O MITTIKERI, KOPPAL,

TQ & DT: KOPPAL.

1C.

ISMIL KHAZI S/O IBRAHIM KHAZI,

AGE: 26 YEARS, OCC:AGRIL,

R/O MITTIKERI, KOPPAL,

TQ & DT: KOPPAL.

1D.

YUSUF KHAZI S/O IBRAHIM KHAZI,

AGE: 21 YEARS, OCC:AGRIL,

R/O MITTIKERI, KOPPAL,

TQ & DT: KOPPAL.

...PETITIONERS

(By Sri. SHARAD MAGADUM&

SRI.PRUTHVI K.S., ADVS.)

: 2 :

AND:

1 .

THE STATE OF KARNATAKA

BY ITS SECRETARY TO REVENUE

DEPARTMENT, M S BULIDING,

BANGALORE 1.

2 .

THE DEPUTY COMMISSIONER

KOPPAL.

3 .

THE LAND TRIBUNAL

KOPPAL, BY ITS CHAIRMAN.

…..RESPONDENTS

(By Sri.VINAYAK KULKARNI, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE ORDER DT. 16.3.06 BY R2 VIDE ANN-B SO FAR IT

RLEATES TO REJECTION OF THE FORM NO.1 FILED BY THIS

PETITIONER IN RESPECT OF LANDS BEARING S.NOS.316/B

MEASURING 9 ACRES 2 GUNTAS, 317/B MEASURING 7 ACRES

15 GUNTAS AND S.NO.318 MEASURING 11 ACRES 20

GUNTAS ALL SITUATED IN HIRESINDOGI VILLAGE. DIRECT

R3 TO GRANT OCCUPANCY RIGHTS OVER AGRIVULTURAL

LANDS BEARING S.NOS.316/B MEASURING 9 ACRES 2

GUNTAS, 317/B MEASURING 7 ACRES 15 GUNTAS AND

S.NO.318 MEASURING 11 ACRES 20 GUNTAS ALL SITUATED

IN HIRESINDOGI VILLAGE INF AVOUR OF THIS PETITIONER.

THIS PETITION COMING ON FOR HEARING, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

1.

The petitioner along with others had made applications

seeking for registration as occupants.

: 3 :

2.

It is not in dispute that the lands in question are Inam

lands coming within the purview of Karnataka Certain Inams

Abolition Act, 1977.

3.

By an order dated 24.09.1993, the Land Tribunal had

registered the petitioners herein as the occupants. This order

was challenged by the rival claimants in W.P.No.41283/1993

before this Court. By an order dated 24.09.2002 this Court

quashed the order passed by the Land Tribunal and remitted

the matter back to the Land Tribunal, Koppal directing the

Land Tribunal to club all the applications filed seeking for

registration of occupants and pass fresh orders.

4.

Pursuant to the said order, the matter was taken up by

the Land Tribunal. On the basis of the Circular dated

30.08.1997, the file was withdrawn from the Land Tribunal

and placed before the concerned Deputy Commissioner on the

premise that it was the Deputy Commissioner who had

jurisdiction to decide the applications.

5.

The Deputy Commissioner, by the impugned order,

considered the applications on merits and came to the

: 4 :

conclusion that the applicants were eligible to be registered as

occupants and proceeded to reject their applications.

6.

Learned counsel for the petitioners submitted that the

Deputy Commissioner did not possess jurisdiction to consider

the applications filed under Section 5 of the Karnataka Certain

Inams Abolition Act, 1977. He contends that under the said

Act, every person entitled to be registered as occupants, can

make applications only to the Land Tribunal constituted under

the Land Reforms Act and if such an application is made, the

law mandates that the said application should be disposed of

by the Tribunal as if it was the application made under the

Land Reforms Act. He submitted that since admittedly the

lands in question came within the purview of Karnataka

Certain Inams Abolition Act, 1977, the order passed by the

Deputy Commissioner, which is impugned in this writ petition,

is one without jurisdiction.

7.

Learned Additional Government Advocate, however,

sought to place reliance on th