Sri Sadath Ulla Khan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Sadath Ulla Khan Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:44789 WP No. 14617 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 14617 OF 2019 (KLR-RR/SUR)

BETWEEN:

SRI SADATH ULLA KHAN AGED ABOUT 43 YEARS SON OF LATE AMAN ULLA KHAN RESIDING AT S L N OUT HOUSE, NEAR KUNIGAL GATE, NAZARABAD MAIN ROAD, TUMAKURU CITY- 572101

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

SRI ANWAR KHAN AGED ABOUT 62 YEARS SON OF LATE KAREEM KHAN RESIDING AT KUMBI PALYA, NAGAVALLI POST, HEBBUR HOBLI, TUMAKURU TALUK TUMKUR DISTRICT - 572120

…PETITIONERS

(BY SRI. FAYAZ SAB B G ., ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560001

THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU CITY - 572101

THE ASSISTANT COMMISSIONER FIRST FLOOR, DEPUTY COMMISSIONER

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OFFICE COMPLEX

TUMAKURU CITY - 572101

THE TAHASILDAR TUMKUR TALUK DEPUTY COMMISSIONERS OFFICE COMPLEX TUMKUR CITY - 572101

THE DEPUTY TAHASILDAR HEBBUR NADA KACHERI HEBBUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT - 572120

SRI. AMJAD ULLAKHAN S/O CHAND PEER KHAN, AGED ABOUT 67 YEARS, R/AT NAGENHALLI MAJIRE (KUMBIPALYA) VILLAGE, NAGAVALLI POST, HEBBUR HOBLI, TUMKUR TALUK.

MR. DASTHAGIR KHAN S/O LATE PEER KHAN AGED ABOUR 56 YEARS, R/AT NEELATHALLI CROSS, MALLAGHATTA VILLAGE, KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT- 572130.

(RESPONDENT NO.6 AND 7 AMENDED CARRIED OUT AS PER THE ORDER AT THIS HON'BLE COURT DATED 5/11/2025)

…RESPONDENTS

(BY SRI. NEELAKANTAPPA.K.PUJAR, HCGP FOR R1-5; SRI. BASAVARAJ.S.SAPPANNAVAR, ADVOCATE FOR R6; SRI. SIDDAMALLAPPA, ADVOCATE FOR R7)

THIS W.P FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONERS AND DIRECT THE RESPONDENTS FOR RESTORATION OF PADA IN RESPECT OF IMMOVABLE PROPERTIES BEARING SY NO.43/1,

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42/2, 42/4, AND 38/1 OF NAGENAHALLI VILLAGE, HEBBAR HOBLI, TUMAKURU TALUK AND TUMAKURU DISTRICT BY CONSIDERING THE REPRESENTATION DT15.12.2018 SUBMITTED BY THESE PETITIONERS WHICH ARE PRODUCED AND MARKED AS ANNEXURE-H AND J., AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This writ petition is filed seeking a writ of mandamus directing respondent Nos.2 and 3 to consider the representation dated 15.12.2018 submitted by the petitioners as per Annexures-H and J.

The grievance of the petitioners is that they are the lawful owners in respect of the immoveable property bearing Sy.No.43/1, 42/2, 42/4 and 38/1 of Nagenahalli Village, Hebbur Hobli, Tumakuru Taluk and Tumakuru Dirstrict. The said land was purchased by the grandfather of the petitioners vide Sale Deed dated 02.07.1945. Thereafter, the Tahasildar classified the land as pada in view of non-payment of revenue. As such, the petitioners made an application before respondent No.4/Tahasildar for restoration of pada in respect of aforesaid

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properties. The said representation has not been considered by respondent No.4/Tahasildar.

Learned counsel appearing for respondent No.6

submits that he is also having right over the said properties and prays to allow this writ petition and to direct the Tahasildar to consider the representation as per law.

In that view of the matter, the writ petition is allowed.

The writ of mandamus is issued against respondent No.4/Tahasildar. Respondent No.4/Tahasildar is directed to consider the representation of the petitioners Annexures-H and J in accordance with law by providing an opportunity to all interested parties within an outer limit of ten weeks from the date of receipt of copy of this order.

The writ petition is disposed of.

SD/(RAJESH RAI K) JUDGE

RJ

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