NAWAB S.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner (since deceased) has challenged an order dtd. 3/9/2010 passed by respondent No.3 in Case No.SDB/MUN/CR-1/90-91/3187-3192 by which, he was ordered to quit and deliver vacant possession of a public premises. The petitioner has also challenged an order dtd. 14/3/2016 passed by the II Additional District and Sessions Judge, Basavakalyana in M.A.No.85/2010.

(2.) (i) The petitioner contends that he is the owner in possession and enjoyment of the property bearing No.38/98, New No.44-105, situate outside Kalyani Fort abutting the Moat in Basavakalyan, Bidar District. The petitioner contends that the above property, which was earlier known as 'Bargah - E - Hussaini' was constructed by his great grandfather named, Mr. Syed Babar Hussain Khan during 1307 Hijri, which corresponds to the year 1883 AD. From then on, it was known as 'Bargha - E - Hussaini Ashoor Khana'. The petitioner contends that this property is a separate and distinct structure, situate away from the Kalyani Fort, which is surrounded by a moat. The petitioner contends that the property mentioned above is outside the moat. This building was purportedly constructed for the purpose of installing Alams during the Moharam festival. The property was assessed to tax by the Town Municipal Council, Basavakalyan and that he was paying the property tax.

(3.) The petitioner contends that after remand, the Assistant Commissioner, Bidar took up the case without notifying the date of hearing and proceeded to pass an ex-parte order dtd. 22/1/1994, which was again challenged before the District Judge, Bidar in M.A.No.23/1994. The learned District Judge by an order dtd. 3/8/1996 dismissed the appeal, which again was challenged before this Court in W.P.No.11617/1997. This Court allowed the writ petition vide order dtd. 6/9/2000 and remitted the case back to the Assistant Commissioner, Basavakalyan.