Abbas S/O Late Hydros Beary v. the State of Karnataka
Case brief
What is this about?
The High Court rejected a writ petition challenging a Land Tribunal order granting occupancy rights. The Court held the petitioner, son of the claimant's brother, lacked locus standi as he was not a legal representative under Mohammadan law and did not file a claim Form.
What the court decided
- 1 -
WP No. 41380 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 41380 OF 2012 (LR-SEC 48A)
BETWEEN:
ABBAS S/O LATE HYDROS BEARY AGED ABOUT 52 YEARS VAGGA HOUSE KADABETTU VILLAGE BANTWAL TALUK D.K. DISTRICT.
…PETITIONER
(BY SRI RAMACHANDRA R NAIK, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
Issues for consideration
2 issues framed by the court
Whether the petitioner, being the son of the brother of the land claimant, has locus standi to challenge the grant of occupancy rights to legal representatives of the deceased claimant.
Whether the Land Tribunal erred in accepting the waiver of rights by the legal representatives of the original petitioner without adjudicating the tenancy dispute.
Parties & counsel
- petitioner
ABBAS S/O LATE HYDROS BEARY
- respondent
THE STATE OF KARNATAKA
- respondent
THE LAND TRIBUNAL BANTWALA
- respondent
MRS. BEEPATHUMA W/O LATE POKAYYA BEARY
- respondent
MRS. NEBISA D/O POKAYYA BEARY
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- WP/41380/2012
Similar cases
Judgements on the same questions, provisions and authorities, from every court