Babusab S/O Abdulsab Mullanawar Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

Babusab S/O Abdulsab Mullanawar Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Impugned order dated 16.04.2010 (Annexure-A) passed by the Deputy Commissioner, Dharwad set aside; matter remitted to the jurisdictional Deputy Commissioner to pass appropriate orders in accordance with law, considering the evidence to be led by the parties, with all questions on merits kept open and no opinion expressed on the claims of either party; parties directed to appear before the Deputy Commissioner on 15.12.2025 without notice; Deputy Commissioner directed to expedite disposal.

Issue for consideration

Whether the land in question is the joint property of the petitioners and the private respondents or the exclusive property of the petitioners' ancestor. +1 more

Court's answer

Whether the property is the joint property or exclusive is a question that requires to be considered by hearing the petitioners as well as the private respondents.

Ratio / Principle

Since the impugned order makes no reference to the petitioners' application for regrant, without entering into the merits and keeping open all questions, the impugned order has to be set aside.

Detailed headnote1 paragraphs

Writ Petition No. 64667 of 2010 (KLR-RES) filed under Articles 226 and 227 of the Constitution of India sought certiorari quashing of the order dated 16.04.2010 (Annexure-A) passed by the Deputy Commissioner, Dharwad, who had exercised power under Sub-Rule 2 of Rule 6 of The Bombay Saranjams, lahagirs, and Other Inams of Political, Nature, Resumption Rules, 1952. The subject land comprises Sy.Nos. 675 and 677 measuring 9 acres 34 guntas and 12 acres respectively, originally granted in favour of Muktamsab Hayathsab Mullanavara and others. The petitioners contended that their ancestor was the exclusive holder of the land, that the application filed by the legal representatives of deceased Abdulsab Mullanawar was not considered, and that the impugned order was passed without hearing the petitioners; the private respondents contended the petition was not maintainable since the property was joint. The Court found that the application filed by the petitioners existed in the original file but was not considered and that the impugned order contained no reference to it. Holding that whether the property was joint or exclusive required hearing both sides, the Court, without entering into the merits and keeping open all questions, set aside the impugned order, remitted the matter to the jurisdictional Deputy Commissioner for passing appropriate orders in accordance with law after considering the evidence to be led by the parties, directed appearance on 15.12.2025 without notice, and directed expedition of the matter. The Court expressly did not express any opinion on the merits of either party's claim.

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 64667 OF 2010 (KLR-RES)

BETWEEN:

BABUSAB S/O ABDULSAB MULLANAWAR @ MULLA, SINCE DISEASED BY HIS LR’S.,

1a. MAHABUBSAB S/O BABUSAB MULLANAVAR @ MULLA, AGE: 26 YEARS, OCC: AGRICULTURE, R/O. SHIVALLI, TQ. AND DIST: DHARWAD.

MAKTUMSAB S/O ABDULSAB MULLANAVAR @ MULLA, SINCE DECEASED BY HIS LR’S.,

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.20 12:45:42 +0530

2a. SMT. JUBEDA W/O MAKTUMSAB MULLANAVAR, AGE. 60 YEARS, OCC. HOUSEHOLD, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

2b. MAHAMMADRAFIQ S/O MAKTUMSAB MULLANAVAR, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

2c. HAJARATSAB S/O MAKTUMSAB MULLANAVAR, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. SHIVALLI, TQ. AND DIST. DHARWAD. (PETITIONER AGAINST 2(C) DISMISSED)

2d. RIYANA W/O RASHEEDAHMAD YARAGATTI, AGE. 30 YEARS, OCC. HOUSEHOLD, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

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MAKBULSAB S/O ABDULSAB MULLANAVAR @ MULLA, SINCE DECEASED BY HIR LR’S.,

3a. SMT. KATUMBI W/O MAKBULSAB MULLANAVAR, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

3b. PEERMAHAMMAD S/O MAKBULSAB MULLANAVAR, SINCE DECEASED BY HIS LR’S.,

3b(a). SMT. HASEENABI W/O PEERMAHAMMED MULLANAVAR, AGE. 35 YEARS, OCC. HOUSEHOLD WORK, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

3c. HAYATSAB S/O MAKBULSAB MULLANAVAR, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

3d. SALEEM S/O MAKBULSAB MULLANAVAR, AGE. 30 YEARS, OCC. AGRICULTURE, R/O. SHIVALLI, TQ. AND DIST. DHARWAD.

SMT. ROSHANBI W/O BABUSAB YALIGAR, AGE ABOUT 54 YEARS, OCC: HOUSEHOLD,

SMT. MHABUBI W/O GULABSAB MAKANDAR, AGE ABOUT 54 YEARS, OCC: HOUSEHOLD,

UMARSAB S/O ABDULSAB MULLANAVAR @ MULLA, AGE ABOUT 48 YEARS, OCC: AGRICULTURE,

MAHABOOBSAB S/O ABDULSAB MULLANAVAR @ MULLA, AGE ABOUT 44 YEARS, OCC: AGRICULTURE,

BABULSAB S/O ABDULSAB MULLANAVAR @ MULLA, AGE ABOUT 33 YEARS, OCC: AGRICULTURE,

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ALL ARE R/O. SHIVALLI, TQ. AND DIST: DHARWAD. PETITONER NO.1 TO 6 AND 8 ARE R/BY R/BY THEIR GPA HOLDER PETITIONER NO. 7

… PETITIONERS

(BY SRI. B.V. SOMAPUR, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD.

DADUSAB S/O RAJESAB MULLANAVAR, AGE ABOUT 54 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

HASANSAB S/O RAJESAB MULLANAVAR, AGE ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

NABISAB S/O RAJESAB MULLANAVAR, AGE ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

MULASAB S/O MAKTUMSAB MULLANAVAR, AGE ABOUT 50 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

HASANSAB S/O MAKTUMSAB MULLANAVAR, SINCE DECEASED BY HIS LR’S.,

6a. SMT. BASHEERA W/O HUSAINSAB MULLANANVAR, AGE. 40 YEARS, OCC. HOUSEHOLD, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

6b. HEENA KOUSAR D/O HUSAINSAB MULLANANVAR, AGE. 15 YEARS, OCC. NIL, SINCE MINOR R/BY RESPONDENT NO.6A

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NATURAL MOTHER AND MINOR GUARDIAN.

6c. MAKTUMSAB S/O HUSAINSAB MULLANANVAR, AGE. 11 YEARS, OCC. NIL, SINCE MINOR R/BY RESPONDENT NO.6A NATURAL MOTHER AND MINOR GUARDIAN.

6d. NASIR BEGAUM D/O HUSAINSAB MULLANANVAR, AGE. 06 YEARS, OCC. NIL, SINCE MINOR R/BY RESPONDENT NO.6A NATURAL MOTHER AND MINOR GUARDIAN.

REHAMANSAB S/O MAKTUMSAB MULLANAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

MEERASAB S/O HUSSAINSAB MULLANAVAR, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

SMT. RAJABI S/O HASAMSAB MULLANAVAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

MAHABOOBSAB S/O HASIMSAB MULLANAVAR, SINCE DECEASED BY HIS LR’S.,

10a. SMT. AYESHABEGUM S/O MAHABOOBSAB MULLANNAVAR, AGE. 38 YEARS, OCC. HOUSEHOLD WORK, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

10b. NAJEER S/O MAHABOOBSAB MULLANNAVAR, AGE. 20 YEARS, OCC. AGRICULTURE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

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10c. SHAYEERA D/ MAHABOOBSAB MULLANNAVAR, AGE. 18 YEARS, OCC. HOUSEHOLD WORK, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

DHULBAKSHA S/O HASSIMSAB MULLANAVAR, AGE: 33 YEARS, OCC: BUSINESS AND SERVICE, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

RAJBAKSHA S/O HASSIMSAB MULLANAVAR, SINCE DECEASED BY HIS LR’S.,

12a. SMT. SAFEENA W/O RAJBAKSHA MULLANAVAR, AGE. 27 YEARS, OCC. HOUSEHOLD, R/O: SHIVALLI, TQ. AND DIST: DHARWAD.

12b. AMEER S/O RAJBAKSHA MULLANAVAR, AGE. 08 YEARS, OCC. HOUSEHOLD, SINCE MINOR R/BY RESPONDENT NO.12A NATURAL MOTHER AND MINOR GUARDIAN.

12c. MAHER D/O RAJBAKSHA MULLANAVAR, AGE. 06 YEARS, OCC.NIL, SINCE MINOR R/BY RESPONDENT NO.12A NATURAL MOTHER AND MINOR GUARDIAN.

… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. B.K. MALLIGAWAD, ADVOCATE FOR R2, R12; SRI. S.B. MALLIGAWAD, ADVOCATE FOR PROPOSED R6(a TO d); R6 (b TO d) ARE MINORS R/BY R6A, NOTICE TO PROPOSED R10(c) IS SERVED; NOTICE TO PROPOSED R10a, R10b AND R12a ARE HELD SUFFICIENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING OF THE IMPUGNED ORDER PASSED BY THE DEPUTY COMMISSIONER DHARWAD IN NO.ªÀvÀ£À ªÀ» 15/2009-10 DATED: 16/04/2010, VIDE ANNEXURE-A.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Heard the learned counsel appearing for the petitioners, learned Additional Government Advocate for respondent No.1 and the learned counsel appearing for the private respondents.

The petitioners are assailing the order dated 16.04.2010 marked at Annexure-A passed by the Deputy Commissioner, Dharwad. In terms of the said order, the Deputy Commissioner has exercised his power under Sub-Rule 2 of Rule 6 of The Bombay Saranjams, lahagirs, and Other Inams of Political, Nature, Resumption Rules, 1952.

The land bearing Sy.No.675 and 677 measuring 9 acres 34 guntas, and 12 acres respectively have been granted in favour of Muktamsab Hayathsab Mullanavara and others.

The grievance of the petitioners is that the petitioners’ ancestor was the exclusive holder of the land and the application filed by legal representative of Abdulsab Hayathsab

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Mullanavar is not considered and the impugned order is passed without hearing the petitioners.

Learned counsel appearing for the private respondents would contend that the petition is not maintainable as the impugned order confers right in favour of the private respondents as well as the petitioners, as the property is the joint property of the petitioners and the private respondents.

In support of the contention learned counsel would invite the attention of the Court to Form No.7 filed by Muktam Sab Hayathsab Mullanavara who is the ancestor of the petitioners and private respondents.

Form No.7 is said to be in the original file which is secured by the learned Government Advocate. Application filed by the petitioners is found in the file and same is not considered.

Whether the property is the joint property or exclusive is the question that requires to the considered by hearing the petitioners as well as the private respondents.

In the impugned order, there is no reference to

petitioners’ application for regrant of land pursuant an

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application filed by the legal representatives of deceased Abdulsab Mullanawar.

This being the position, without entering into the merits of the matter, keeping open all the question the impugned order has to be set aside.

Hence, the following:

ORDER

(i) The impugned order dated 16.04.2010 passed by Deputy Commissioner, Dharwad marked at Annexure-A is set-aside.

(ii) The matter is remitted to the jurisdictional Deputy Commissioner to pass appropriate order in accordance with law.

(iii) The Court has not expressed any opinion on the merits on the claim of either of the parties. The evidence to be led by the parties shall be considered by the Deputy Commissioner and thereafter to pass appropriate orders.

(iv) Parties shall appear before the Deputy Commissioner on 15.12.2025 without any notice from the Deputy Commissioner.

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(v) Since the dispute is pending consideration for long time, parties shall co-operate for early disposal of the matter. Deputy Commissioner shall expedite the matter.

Sd/(ANANT RAMANATH HEGDE) JUDGE

GVP CT:BCK LIST NO.: 2 SL NO.: 3