: 1 :

IN THE HIGH COURT OF CIRCUIT BENCH AT DHARWAD DATED THIS THE 4 TH DAY OF JANUARY, 2013 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B WRIT PETITION No.63471/2012 (LR) AND WRIT PETITION No.71918/2012 BETWEEN:

1. SMT.KAREEMABI W/O. MOHD. KASIM MADIWALE AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. KAKTIVES GALLI, .

2. SMT.MEHJABEEN D/O. MOHD,. KASIM MADIWALE AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. KAKTIVES GALLI, BELGAUM.

3. SRI.MASOOD S/O. MOHD. KASIM MADIWALE AGE: 34 YEARS, OCC: BUSINESS, R/O. KAKTIVES GALLI, BELGAUM.

4. SRI.MOHSIN S/O. MOHD. KASIM MADIWALE AGE: 30 YEARS, OCC: BUSINESS, R/O. KAKTIVES GALLI, BELGAUM.

5. SMT.RAHMATBI W/O. ASADKHAN MADIWALE AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. KAKTIVES GALLI, BELGAUM.

6. SMT.MUSHTRI BEGUM W/O. JALALBEG MULLA (MAIDEN NAME SMT.MUSHTRI BEGUM D/O GULAM ALI PALTANWALE) AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. NEW GANDHI NAGAR, BELGUAM. : 2 :

7. SMT.MARYAMBI W/O. ISMAILKHAN SANADI AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. KAKTIVES GALLI, BELGAUM.

PETITIONERS ARE REP.BY THEIR GPA HOLDER, SRI.KAREEMKHAN ISMAILKHAN SANADI AGE: 38 YRS, OCC: INCOMETAX PRACTITIONER R/O. CTS NO.3979/B-3, KAKTIVES GALLI, BELGAUM.

… PETITIONERS (BY SRI.R.M.KULKARNI, ADV)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560 001, REP.BY ITS SECRETARY.

2. THE LAND TRIBUNAL, BELGAUM. DIST: BELGAUM.

SRI.FAKIRA KEDARI AGASHIMARNI SINCE DECEASED BY HIS LRS.

3. SRI.VITTAL S/O. FAKIRA AGASHIMANI, AGE: MAJOR, OCC: AGRICULTURE, R/O. SHINDUHOLI, TQ: BELGAUM. DIST: BELGAUM.

SRI.PIRAJI S/O. LAXMAN AGASHIMANI SINCE DECEASED BY HIS LRS.

4. SRI.PUNDALIK S/O. PIRAJI AGASHIMANI R/O. SHINDUHOLI, TQ: BELGAUM. DIST: BELGAUM.

5. SRI.LAXMAN S/O. PIRAJI AGASHIMANI AGE: MAJOR, OCC: AGRICULTURE, R/O. , TQ: BELGAUM. DIST: BELGAUM. : 3 :

6. SRI.JYOTIBA S/O. PIRAJI AGASHIMANI AGE: MAJOR, OCC: AGRICULTURE, R/O. SHINDHOLI, TQ: BELGAUM. DIST: BELGAUM.

SRI.KALLAPPA SOMU KHANNUKAR SINCE DECEASED BY HIS LRS.

7. SRI.NAGAPPA S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

8. SRI.NARAYAN S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

9. SRI.MARUTI S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

10. SRI.SOMANNA S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

11. SRI.BASAVANNI S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

12. SRI.KUSHAPPA S/O. KALLAPPA KHANNUKAR AGE: MAJOR, OCC: AGRICULTURE, R/O. BASARIKATTI, TQ: BELGAUM. DIST: BELGAUM.

… RESPONDENTS (BY SRI.Y.V.RAVIRAJ, AGA FOR R1 AND R2) : 4 :

THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LAND TRIBUNAL, BELGAUM DATED 17.11.1975, PRODUCED AS PER ANNEXURE-A AND ORDER DATED 17.11.1975, PRODUCED AS PER ANNEXURE-B AND ETC.

THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned Government Pleader is directed to take notice for R1 and R2.

2. The petitioners have called in question the order dated 17.11.1975 passed by the Land Tribunal. The writ petition is filed nearly after 37 years of the order passed by the Land Tribunal. The explanation offered by the petitioners is hardly sufficient to entertain the writ petition at a belated stage.

3. Accordingly, the writ petition is dismissed on the ground of delay and latches.

Sd/- JUDGE

MBS/-