LAWS(KAR)-2003-2-18

SYED MOHIUDDIN PASHA KHADRI Vs. STATE OF KARNATAKA

Decided On February 25, 2003
SYED MOHIUDDIN PASHA KHADRI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) IN this petition, the petitioners are assailing the legality and validity of the impugned order dated 15. 3. 1982 passed by the 2nd respondent in No. INA. JKH. 15/79-80. Further, they sought for a direction directing the 2nd respondent to transmit the application contained in Annexure-B to the Deputy Commissioner, Bangalore rural District, Bangalore to be considered along with other applications.

(2.) HEARD the learned Counsel for the petitioners and the learned government Advocate for respondents 1 and 2.

(3.) THE land bearing Sy. No. 63 and 147 of Jakkanahalli village are Darga Inam lands granted for the purpose of Darga of the well known saint viz. , HAZRATH SYED SHAH SADRUDDIN HUSSAINI makkan situated at Nelamangala. The petitioners are the descendants of the said saint Hazrath Syed Shah Sadruddin hussaini. They are the hereditary Sajjada Nasheen of the Darga and performing all the daily, weekly, monthly and annual services and duties of the Darga including the annual Gandha Urs, Ziyarath etc. The lands in question are the Darga Inam lands granted to the Darga by the Maharaja of Mysore in the name of the Managerancestors of the petitioners. As the lands were darga Inam lands, the petitioners? father had filed application for regrant of the lands, which had come up for consideration before the land Tribunal on 15. 3. 1982. Land Tribunal recorded the statement of the petitioner?s father who has stated that he had never cultivated the land in question and he prayed that his application may be rejected. Thereafter, the Tribunal held that on verification of the RTC found the names of one Dodda Rangaiah Nagaiah, Siddappa and etc. and therefore rejected the request of the petitioner?s father. Feeling aggrieved by the order dated 15. 3. 1982, the petitioners have presented this Writ Petition.