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1999 DIGILAW 514 (KAR)

SABIHA BEGUM v. STATE OF KARNATAKA

1999-09-27

V.GOPALA GOWDA

body1999
V. GOPALA GOWDA, J. ( 1 ) THE petitioners claim that they are the joint owners of land bearing old Sy. Nos. 25 and 26 of "kavamgutta Baiderhalli and new Sy. No. 39 of Khader Garden, Williams Town. They are seeking to quash the impugned Notifications at Annexures-D, E and F respectively, which are issued under Section 11 (1) of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 proposing to declare the areas as 'slum Areas'. ( 2 ) LEARNED Counsel for the petitioners submits that the lands in question fell to the share of the petitioner by virtue of Judgment and decree passed by the Civil Court, Civil Station, Bangalore, in O. S. No. 57/76. ( 3 ) IN the Schedules of the aforesaid Decree, the description of the lands are shown as Survey Numbers. In the impugned notifications the properties are shown as C. T. S. numbers. Petitioners have not produced any document to show that the properties mentioned in the Schedules of the Decree are the same mentioned in the impugned notifications. From the Decree it is also not clear that the properties mentioned in the scheduled therein had been agreed to be given to the petitioners herein. The relevant portion of the decree is extracted below to make the issue more clear:-"2. The plaintiff and the defendants agree that some of the properties including the suit schedule have been already sold, the only property available for division are the properties left and hereby divided. 3. It is agreed that the properties described and delienated by the letters ABCD and EFGH in the sketch accompanying the rajinama shall be allotted to the third defendant Vaseer Ahmed. ( 4 ) THE properties described by letter IJKLMN and AHOP shall be allotted to the fifth defendant Baseer Ahmed. ( 5 ) THE properties described as QRST shall be allotted to the first defendant Smt. Hajirunnisa Begum. (Petitioners are in no way concerned with the aforementioned persons) ( 6 ) THE properties described as UVWX shall be allotted to the 2nd defendant Smt. Sahiha Begum (first petitioner herein) ( 7 ) THE properties described as VMA1 B1 shall be allotted to the 6th defendant Smt. Fathihar Begum (Probably 3rd petitioner herein ). (Petitioners are in no way concerned with the aforementioned persons) ( 6 ) THE properties described as UVWX shall be allotted to the 2nd defendant Smt. Sahiha Begum (first petitioner herein) ( 7 ) THE properties described as VMA1 B1 shall be allotted to the 6th defendant Smt. Fathihar Begum (Probably 3rd petitioner herein ). ( 8 ) THE properties described as C1, D1, E1, F1, G1, L shall be allotted to the 4th defendant herein Smt tayaika Begum (Probably 2nd petitioner herein ). " while the properties have been allotted as above described in the alphabetical letters in Schedules A, B and C of the decree no such alphabetical description is made. It is thus clear that the petitioners have not shown that the properties mentioned in the impugned notifications are the same properties over which they claim title or ownership. Therefore, it is for the petitioners to prove their right, title and interest on the properties in which they are claiming the right, in this view of the matter, the reliefs sought for by the petitioners cannot be granted in these Writ Petitions. 4. Subject to the above observations, these Writ Petitions are dismissed. --- *** --- .