DILERKHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri S.L. Matti, learned Advocate appearing on behalf Sri Jagadish Patil for petitioners and learned AGA appearing on behalf of respondents 1 to 4 and Sri F.V. Patil appearing on behalf of Sri N.P. Vivekmehta for respondents 5 and 6. Perused the case papers. By consent of learned Advocates appearing for parties, this petition is taken up for final disposal. Petitioners are seeking for a mandamus to direct Deputy Commissioner, Haveri and Dharwad to take steps for recovery of possession of entire properties of Sardar Mehaboobalikhan, as on the date of issuance of Government order dated January 1969 vide Annexure-A.

(2.) It is the contention of Sri S.L. Matti, learned Counsel appearing for petitioners that vast and huge immovable properties in various Villages of Hubli, Savanur, Dharwad, Shirahatti, Kusugal and other places of Dharwad and Haveri Districts belonged to one Sardar Mehaboobalikhan S/o. Akbarkhan Biradar, Nawab of Savanur and he is said to have been expired on 23-3-1940 leaving behind his two uterine sisters namely Smt. Nawajkhatu and Smt. Munavarkhatu to succeed to his estate as legal heirs, since he was a bachelor. It is contended that there was no partition in the family of Sardar Mehaboobalikhan between ancestors and it came under the charge of Deputy Commissioner, Dharwad, under Bombay Court of Wards Act, 1905 by order bearing No. GOW/52-55, dated 7-10-1955, whereunder, it is specifically stated that entire properties, both movable and immovable of Sardar Mehaboobalikhan has been continued in possession of Deputy Commissioner until succession is to be established in respect of entire properties in a Competent Civil Court vide Annexure-A and as such, properties stood vested with Deputy Commissioner, Dharwad-R2.

(3.) It is the grievance of learned Counsel for petitioners that when there is no order passed by Competent Civil Court to deliver possession of properties to 5th respondent herein and despite their being an order of status quo granted by Jurisdictional Civil Court in OS. No. 118 of 2010 on 19-4-2010 to which Deputy Commissioner was also a party, both movable and immovable properties have been delivered possession to 5th respondent in utter violation of order of status quo and as such, petitioners are seeking for a direction to 2nd respondent to take steps for recovery of possession of entire properties of deceased Sardar Mehaboobalikhan, as it stood as on the date of issuance of Annexure-A i.e., January 1969.