Allowed

Shri Allabaksh Hayatsab Mujawar and Ors. v. Shri Buddesab Rajesab Bhairakdar and Ors.

Karnataka HC19 Feb 2024WP/102452/2015

Case brief

AI extract

What is this about?

Writ petition filed to quash orders rejecting appeal without hearing on condonation of delay. Court allowed petition and quashed orders directing lower authority to consider delay application before merits. Interlocutory applications disposed.

What did the court decide?

Quashed orders dated 27.10.2010 and 29.01.2015; matter restored to file for consideration of condonation of delay application.

Shri Allabaksh Hayatsab Mujawar and Ors. Vs… — Public Procurement and Tenders | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:3861 WP No. 102452 of 2015

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF FEBRUARY, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102452 OF 2015 (GM-WAKF)

¶6

BETWEEN:

¶7

SHRI ALLABAKSH HAYATSAB MUJAWAR SINCE DECEASED BY LR

¶8

1a) KAMARUDDIN S/O. ALLABAKSH MUJAWAR, AGE: 60 YEARS, OCC: MASON, R/O: YANAMPETH, RAMDURG-591123. DIST: BELAGAVI.

¶9

1b) IBRAHIM S/O. ALLABAKSH MUJAWAR, AGE: 50 YEARS, OCC: MASON, R/O: YANAMPETH, RAMDURG-591123. DIST: BELAGAVI.

¶10

1c) ADAMSAB S/O. ALLABAKSH MUJAWAR, AGE: 44 YEARS, OCC: BUSINESS, R/O: YANAMPETH, RAMDURG-591123. DIST: BELGAVI.

¶11

SHRI MOHAMADSAB HAYATSAB MUJAWAR SINCE DECEASED BY HIS LR

¶12

YASHAVANT NARAYANKAR

¶13

Digitally signed by YASHAVANT NARAYANKAR Date: 2024.02.20 15:09:06 +0530

¶14

SHRI. SAYYED HUSSEIN S/O. MOHAMADSAB MUJAWAR, AGE: 38 YEARS, OCC: COOLIE, R/O. BHAGYANAGAR, RAMDURG-591123, DIST: BELGAVI.

¶15

SHRI ABDULKHADARSAB HAYATSAB MUJAWAR, AGE: 67 YEARS, OCC: COOLIE, R/O. YANAMPETH, RAMDURG-591123, DIST: BELAGAVI.

¶16

SHRI ABDULGANI HAYATSAB MUJAWAR, SINCE DECEASED REPRESENTED BY LR’S PETITIONERS 1(a) TO (c) TO 3 AND 5 ARE ONLY LEGAL HEIRS.

¶17

2 - NC: 2024:KHC-D:3861 WP No. 102452 of 2015

¶18

SMT. BIYAMA W/O. MAKUTMSAB SIKLI, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O. YANAMPETH, RAMDURG-591123, DIST: BELAGAVI.

¶19

…PETITIONERS

¶20

(BY SRI. D.M. KULKARNI, ADVOCATE FOR P2, P3 & P5)

¶21

AND:

¶22

SHRI BUDESAB RAJESAB BHAIRAKDAR CALLING HIMSELF AS THE PRESIDENT OF KUDDAVAN MASJID COMMITTEE MADDI ONI, RAMDURG-591123, DIST: BELAGAVI.

¶23

KARNATAKA WAKF BOARD, BY ITS CHIEF EXECUTIVE OFFICER, DARUL AWKAF, 6 CUNNINGHAM ROAD, BENGALURU-560052.

¶24

DEPUTY DIRECTOR OF LAND RECORDS, (TECHNICAL ASISTANT TO THE DEPUTY COMMISSIONER & EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS) BELAGAVI.

¶25

JOINT DIRECTOR OF LAND RECORDS NORTHERN RANGE BELAGAVI.

¶26

CITY SURVEY OFFICER RAMDURG BELAGAVI.

¶27

…RESPONDENTS (BY SRI. A.S. PATIL, ADV. FOR C/R1; SRI. D.L. LADKHAN, ADV. FOR R2; SRI. PRAVEEN UPPAR, AGA FOR R3 TO R5)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 27.10.2010 PASSED BY RESPONDENT NO.3 IN CTS:AP:MISC.20/2008-09 PRODUCED AT ANNEXURE-‘D’ & THE ORDER DATED 29.01.2015 PASSED BY RESPONDENT NO.4 IN REV/SR 49/2010-11 PRODUCED AT ANNEXURE-‘E’.

¶29

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶30

¶31

NC: 2024:KHC-D:3861 WP No. 102452 of 2015

¶32

ORDER

¶33

The petitioners are before this Court seeking for the following reliefs:

¶34

i. a writ of certiorari quashing the order dated 27.10.2010 passed by respondent no.3 in CTS:AP:Misc.20/2008-09 produced at Annexure-‘D’ & the order dated 29.01.2015 passed by respondent no.4 in REV/SR 49/201011 produced at Annexure-‘E’.

¶35

ii. grant such other writ, order or direction as this Hon’ble court may deem fit under the circumstances of the case.

¶36

It is contended that the property bearing CTS No.868 situated at Yanampeth, Ramadurg of Belagavi District was standing in the name of the father of petitioners namely Hayatasab Mujawar and the Property Register Card in respect of CTS No.868 was entered in his name. The said Hayatsab having expired in the year 1995, the names of petitioners, their brother Mohammadsab and their deceased sister-Hanifa was entered in the property register card as successors of deceased-Hayatsab.

¶37

Initially respondent No.3 had caused the entry of the name of respondent No.1, which was challenged before this Court in W.P.No.31746/2008, which came to be set aside by order dated 19.12.2008 and remitted the matter

¶38

4 - NC: 2024:KHC-D:3861 WP No. 102452 of 2015

¶39

to respondent No.3 with a direction to issue notice to the petitioners and pass necessary orders. Respondent No.3 without hearing the petitioners on the application filed for condonation of delay straight away allowed the appeal. It is aggrieved by this order the petitioners are before this Court.

¶40

When an application for condonation of delay is pending, it was but required for respondent No.3 to pass necessary orders thereon before taking up the matter on merits. It is only if the delay is condoned, it could be taken on merits. Since the delay was not condoned, the appeal could have been liable to be dismissed being barred by law of limitation. In that view of the matter, I pass the following:

¶41

ORDER

¶42

i) Writ petition is allowed.

¶43

ii) A certiorari is issued, the order dated 27.10.2010 passed by respondent No.3 at Annexure-D and the order dated 29.01.2015 passed by respondent No.4 at Annexure-E are hereby quashed.

¶44

5 - NC: 2024:KHC-D:3861 WP No. 102452 of 2015

¶45

iii) The in CTS:AP:Misc.No.20/2008-09 is restored to file.

¶46

iv) Respondent No.3 is directed to consider the application for condonation of delay and pass necessary orders.

¶47

v) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

¶48

Sd/JUDGE

¶49

YAN List No.: 1 Sl No.: 2

Shri Allabaksh Hayatsab Mujawar and Ors. v. Shri Buddesab Rajesab Bhairakdar and Ors.

Case brief

What is this about?

What did the court decide?

Shri Allabaksh Hayatsab Mujawar and Ors. v. Shri Buddesab Rajesab Bhairakdar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Basaveshwara Rice Industries Vs the Managing Director

Sri.Shankar S/O. Kalagouda Astekar Vs the Chief Secretary

Mohammed Rafiq S/O Fakirsab Nadaf Vs Yasmin Banu W/O Mohammed Rafiq Nadaf

Dharwad District Veer Rani Kittur Channamma Shiksan Sanste (R) Jodalli Vs the State of Karnataka

Sri. Sudharamsagar Ningappa Jabannavar, Vs Shri Parshwanth Digambar Jain Mandir

Ayub S/O Abdulkhadar Nalabandh Vs the Commissioner