MUNEER AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(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.