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2006 DIGILAW 865 (KAR)

MUNEER AHMED v. STATE OF KARNATAKA

2006-10-28

V.G.SABHAHIT

body2006
( 1 ) THIS Writ Petition is filed being aggrieved by the order passed by the committee for regularization of Unauthorized occupation, Sidlagatta, dated 12-2-2004, rejecting the application filed by Smt. Rabiabi, wife of late Hussainsab. ( 2 ) IT is the contention of the petitioner that smt. Rabiabi was unauthorizedly cultivating 04 Acres 28 Guntas of land in Sy. No. 93 of sorakayalahalli Village, Siddlagatta Taluk, kolar District. Smt. Rabiabi filed application in Form No. 50 for regularization of unauthorized cultivation in respect of the said land and by resolution dated 29-10-1996, it was resolved by the Committee to regularize the unauthorized cultivation of Smt. Rabiabi. Smt. Rabiabi also filed an application in Form No. 53 and the same was not considered and writ petition was filed by Smt. Rabiabi in W. P. No. 13181/2000 and this Court by order dated 27-11-2000, directed the Tahsildar, Sidlagatta taluk, to place the application of Smt. Rabiabi in Form No. 53 before the Committee for regularization of the unauthorized cultivation within three months and further directed the committee to dispose of the application by taking into consideration the recommendation made by the earlier Committee while considering the application of Smt. Rabiabi. In view of the said order, the Committee considered the application of Smt. Rabiabi and rejected the same by order dated 29-1-2002. Being aggrieved by the same, appeal was preferred before the Assistant Commissioner, chikkaballapur Sub-Division, and the assistant Commissioner set aside the order passed by the Committee and remitted the matter to the Committee for fresh consideration in the light of the observations made in W. P. No. 13181/2000. When the matter was pending before the Committee for regularization of unauthorized occupation, Smt. Rabiabi died and the petitioner made an application stating that Smt. Rabiabi had died and he may be permitted to come on record as her legal heir on the basis of the Will executed by Smt. Rabiabi and he is the son of Rabiabi's sister's son and that she has executed a registered Will in his favour on 14-8-2003. The Committee by resolution dated 12-2-2004, resolved to reject the application filed by Smt. Rabiabi holding that when the Committee inspected the land in question on 10-2-2004, it was found that the land was not being cultivated by Smt. Rabiabi and it was being cultivated by the fourth respondent and being aggrieved by the said order dated 12-2-2004, this writ petition is filed. ( 3 ) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the fourth respondent and the learned High Court Government Pleader appearing for respondents 1 to 3. ( 4 ) IT is unnecessary to go into the merits of the case as the impugned resolution dated 12-2-2004 passed by the Committee for regularization of unauthorized occupation is liable to be set aside on the ground that the order is passed against a dead person. It is clear from annexure-'j', which is also referred to in the resolution passed by the Committee dated 12-2-2004 impugned in this writ petition that the petitioner has given an application on 14-11-2003 bringing to the notice of the Committee that Rabiabi is dead and he may be permitted to come on record as the legal representative of Smt. Rabiabi. The Committee has erroneously decided on the basis that during the inspection of the land on 10-2-2004, Smt. Rabiabi was not cultivating the land and the fourth respondent was cultivating the land and wherefore, has rejected the application of Smt. Rabiabi. When the Committee was aware of the fact in view of the application filed by the petitioner that Rabiabi was dead, it ought to have considered the application given by the petitioner to come on record as the legal representative of Smt. Rabiabi and thereafter, passed the order in accordance with law. Under the circumstances, the order passed against a dead person without considering the application filed by the petitioner to come on record as the legal representative of Rabiabi is wholly unsustainable in law and the impugned resolution passed by the Committee dated 12-2-2004 is liable to be set aside and the matter is liable to be remitted to the Committee for regularization of unauthorized occupation and accordingly, I pass the following order :-The Writ Petition is allowed. The impugned resolution passed by the Committee for regularization of unauthorized cultivation dated 12-2-2004 ia set aside and the matter is remitted to the Committee with a direction to consider the application filed by the petitioner to come on record as the legal heir of Smt. Rabiabi dated 14-11-2003 and thereafter, dispose of the application by Smt. Rabiabi in accordance with law. Petitioner and respondent no. 4 are directed to appear before the committee for regularization of unauthorized cultivation, Sidlagatta on 27-11-2006. All the contentions of the parties including the question as to whether the petitioner has succeeded to the property of Smt. Rabiabi on the basis of the Will dated 14-8-2003 are kept open to be urged before the Committee. Petition allowed.