Dismissed

Smt. Bibi Mariam Urf Yasmeen Banu v. the Chairman

Karnataka HC14 Sept 2023WA/100624/2017

Case brief

AI extract

What is this about?

Intra-Court appeal against the dismissal of a Writ Petition challenging an order granting occupancy rights in land by the Land Tribunal, based on 36 years of delay and laches. The Bench upheld the Single Judge's decision to dismiss the appeal.

What did the court decide?

The Writ Appeal was dismissed. The Single Judge's order upholding the Land Tribunal's decision was affirmed.

Smt. Bibi Mariam Urf Yasmeen Banu Vs the Chairman — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14^TH DAY OF SEPTEMBER, 2023 PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO. 100624 OF 2017 (LR)

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BETWEEN:

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SMT. BIBI MARIAM URF YASMEEN BANU W/O. KHAYUM KHAN SOUDAGAR,

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AGE: 40 YEARS, OCC: HOUSE HOLD WORK, R/O: NEAR WATER TANK,NAVA AYODHYA NAGAR, OLD HUBLI, HUBBALLI-580024, DHARWAD DIST.

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SRI. MOHAMMED GOUSE S/O. MOHAMMAD ISMAIL SAB HIREKUMBI @ MULLA, AGE: 74 YEARS, OCC: RETIRED EMPLOYEE, R/O: JAMALUDDIN AFTAB MANZIL NOORANI PLOT, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI-580024, DHARWAD DIST.

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…APPELLANTS

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(BY SRI.H.M.DHARIGOND, ADVOCATE)

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AND:

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JAGADISH T R HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.10.06 13:09:37 +0530

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THE CHAIRMAN LAND REFORMS TRIBUNAL HUBBALLI, DISTRICT: DHARWAD.

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SMT. INDUMATHI W/O. BHAILAL SHANGHAVI AGE: 65 YEARS, OCC: HOUSEWIFE, R/O: ADARSH NAGAR, HUBBALLI-580021, DHARWAD DIST.

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SRI. ASHWIN S/O. BHAILAL SHANGHAVI AGE: 45 YEARS, OCC: PRIVATE WORK, R/O: ADARSH NAGAR, HUBBALLI-580021, DHARWAD DIST.

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SRI. AMIT S/O. BHAILAL SHANGHAVI AGE: 43 YEARS, OCC: PRIVATE WORK,

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2 - NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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R/O: ADARSH NAGAR, HUBBALLI-580021, DHARWAD DIST.

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SMT. CHETANA W/O. MANISH WALIA AGE: 40 YEARS, OCC: HOUSEWIFE, R/O: ADARSH NAGAR, HUBBALLI-580021, DHARWAD DIST.

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SRI. IBRAHIM SAB MOSASAB HIREKUMBI URF MULLA SINCE DECEASED BY HIS LRs.,

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6(A). MOHAMMAD HUSSEIN S/O. IBRAHIMSAB MULLA, AGE: 55 YEAR, OCC: PRIVATE JOB, RESIDENT OF OPPOSITE LUCKY HALL, MILAN COLONY, GUDIHAL ROAD, OLD HUBBALLI, HUBBALLI-580024.

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6(B). AKHAR BEGAM D/O. IBRAHIMSAB MULLA, AGE: 50 YEAR, OCC: HOUSE WIFE, RESIDENT OF OPPOSITE LUCKY HALL, MILAN COLONY, GUDIHAL ROAD, OLD HUBBALLI, HUBBALLI-580024.

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6(C). SAYYED HUSSEIN S/O. IBRAHIMSAB MULLA, AGE: 44 YEAR, OCC: BUSINESS, RESIDENT OF OPPOSITE LUCKY HALL, MILAN COLONY, GUDIHAL ROAD, OLD HUBBALLI, HUBBALLI-580024.

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SRI. ABDUL GAFAR KHAZI AGE:83 YEARS, OCC:NIL R/O SAADAT COLONY 3^RD CROSS, OLD HUBBALLI HUBBALLI-580024, DHARWAD DIST.

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SMT. HANIFABI W/O. ALLAHBAKSH KHATIB AGE:70 YEARS, OCC:NIL.

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SRI. ABDUL RASHID S/O. ALLAHBAKSH KHATIB AGE: 53 YEARS, OCC: AGRICULTURE.

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SRI. NOOR AHAMED S/O. ALLAHBAKSH KHATIB AGE: 45 YEARS, OCC: AGRICULTURE.

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SRI. RIYAZ AHAMED S/O. ALLAHBAKSH KHATIB AGE: 40 YEARS, OCC: AGRICULTURE.

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3 - NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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SRI. ABDUL RAZAK S/O. ALLAHBAKSH KHATIB AGE: 29 YEARS, OCC: AGRICULTURE,

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RESPONDENTS NO. 7 TO 12 ARE RESIDENTS OF SAADAT COLONY, GUDIHAL ROAD, OLD HUBBALLI, HUBBALLI-580024.

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SRI. MOHAMMED ARIF S/O. NABISAB KHAZI AGE: 55 YEARS, OCC: PRIVATE WORK.

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SRI. YASMIN W/O. MUKHIYAR AHMED KHAZI AGE: 45 YEARS, OCC: HOUSEHOLD WORK.

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SMT. HAMIDA BANU W/O. ABUDL GANI @ MD.SHAFI KHAZI, AGE: 55 YEARS, OCC: HOUSE HOLD WORK.

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SRI TASLIM ARIF S/O. ABDUL GANI @ MD.SHAFI KHAZI, AGE: 30 YEARS, OCC: PRIVATE WORK.

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SRI. MOHAMMED SHAHID S/O. ABDUL GANI @ MD.SHAFI KHAZI, AGE: 29 YEARS, OCC: PRIVATE WORK.

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SRI. ABDUL RAZAK S/O. ABDUL GANI @ MD.SHAFI KHAZI, AGE: 26 YEARS, OCC: PRIVATE WORK.

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SRI. MOHAMMED SADIQ S/O. ABDUL GANI @ MD.SHAFI KHAZI, AGE: 24 YEARS, OCC: PRIVATE WORK.

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SMT. TALEEM KOUSAR W/O. MALIKJAN KALAKERI AGE: 32 YEARS, OCC: HOUSE HOLD WORK.

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ASMA KOUSAR D/O. ABDUL GANI @ MD SHAFI KHAZI, AGE: 23 YEARS, OCC: NIL, RESPONDENT NOS. 13 TO 21 ALL ARE RESIDENTS OF YALLAPUR ONI, HUBBALLI-580020, DHARWAD DIST.

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…RESPONDENTS

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(BY SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1; SRI.S.S.NIRANJAN, ADVOCATE FOR R2 TO R5- SERVED;

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NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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R6(A)-ABATED; R6(B), R6(C), R7 TO R21-SERVED)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO SET-ASIDE THE ORDER DATED 24.04.2017 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.110215/2016(LR) AND ALLOW THIS WRIT APPEAL BY ALLOWING THE WRIT PETITION NO.110215/2016, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This intra-Court appeal is directed against the impugned order dated 24.04.2017 passed in WP No.110215/2016, whereby the said petition filed by the appellant was dismissed by the learned Single Judge.

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2. Heard the learned counsel for the appellants; learned Government Advocate for respondent No.1 and learned counsel for respondents No.2 to 5 and perused the material on record.

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3. The material on record discloses that the appellants preferred the instant petition on 16.12.2016 challenging the impugned order dated 17.06.1981 passed by the Land Tribunal, whereby occupancy rights in respect of the subject lands were granted in favour of the private respondents by the Land Tribunal in KLR:SR:DGL:18, against

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5 - NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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the parents of the appellants/writ petitioners, who were arrayed as respondents in the said proceedings before the Land Tribunal. The instant petition was contested by the private respondents herein and the learned Single Judge proceeded to pass the impugned order dismissing the petition both on merits as well as on long, inordinate and unexplained delay and laches of almost 36 years in preferring the petition by the appellants/writ petitioners, who are before this Court by way of present appeal.

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4. A perusal of the material on record including the impugned order will indicate that the learned Single Judge has correctly and properly considered and appreciated the entire material on record as well as the various contentions urged by the appellants and has proceeded to reject all their contentions including the specific contention that they were not brought on record before the Land Tribunal upon the demise of their parents by noticing that the legal representatives of the original land owners had been brought on record in the said proceedings and their statements had been recorded by the Land Tribunal. So also, the learned

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6 - NC: 2023:KHC-D:10645-DB WA No. 100624 of 2017

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Single Judge took note of the fact that neither valid nor sufficient cause/ground had been made out by the appellants to explain long and inordinate delay and laches of 36 years in challenging the order of the Land Tribunal and the appellants/writ petitioners were not entitled to any relief on this ground also.

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5. Upon re-appreciation, re-evaluation and

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reconsideration of the entire material on record, we are of the considered opinion that the impugned order passed by the learned Single Judge does not suffer from any illegality or infirmity nor can the same be said to be suffered from any perverse or capricious warranting interference by this Court in the present appeal. Accordingly, we do not find any merit in the present appeal and same is hereby dismissed .

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Sd JUDGE

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Sd JUDGE

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List No.: 1 Sl No.: 29

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JTR

Smt. Bibi Mariam Urf Yasmeen Banu v. the Chairman

Case brief

What is this about?

What did the court decide?

Smt. Bibi Mariam Urf Yasmeen Banu v. the Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

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