Karnataka High Court
WP/28847/2026 of MRS NOOR JAN Vs UNION OF INDIA on 24 September 2026
CNR: KAHC010638382026 NC: 2026:KHC:52989 WP No. 28847 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28847 OF 2026 (GM-PP) BETWEEN: 1. MRS NOOR JAN W/O LATE SYED SARDAR @ PYARE JAN
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 28847 OF 2026 (GM-PP)
BETWEEN:
1.
MRS NOOR JAN
W/O LATE SYED SARDAR @ PYARE JAN
AGED ABOUT 51 YEARS,
RESIDING AT NO.8, 12TH CROSS,
VINOBHA NAGAR, KG HALLI,
BENGALURU - 560045
2.
MR. RIZWAN
S/O SHANAWAZ HUSSAIN
AGED ABOUT 36 YEARS,
RESIDING AT NO.8, 12TH CROSS
VINOBHA NAGAR, KG HALLI
BENGALURU - 560045
…PETITIONERS
(BY SRI. CHIFTON 'D' ROZARIO, ADVCOATE FOR
MS. MAITREYI KRISHNAN.,ADVOCATE)
AND:
1.
UNION OF INDIA
RAIL BHAVAN,
NO.1, RAISINA ROAD
NEW DELHI - 110001
REPRESENTED BY ITS SECRETARY
2.
ESTATE OFFICER
SOUTH WESTERN RAILWAY,
HC-KAR
BENGALURU DIVISION
BENGALURU - 560023
3.
UNION OF INDIA
SOUTH WESTERN RAILWAY
BENGALURU - 560023
REPRESENTED BY ITS JUNIOR
ENGINEER/LAND
…RESPONDENTS
(BY SRI. ARAVIND KAMATH, ASG A/W
SRI. VINAY VENUGOAPL, CENTRAL GOVERNMENT SENIOR
STANDING COUNSEL)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, QUASHING THE ORDER DATED 24.08.2026
PASSED BY THE 2ND RESPONDENT ESTATE OFFICER, SOUTH
WESTERN RAILWAY, BENGALURU DIVISION, IN E.R.L. CASE
NO.11/2025 (PRODUCED AT ANNEXURE-A), AND THE ENTIRE
PROCEEDINGS,
INSOFAR
AS
THE
SAME
AFFECTS
THE
PETITIONERS AND THE SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
After arguing the matter for sometime, learned counsel for the petitioners seeks liberty to withdraw the writ petition and approach the appellate authority to assail the impugned order dated 24.08.2026. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
2. The appeal of the petitioners, if any, to be filed before the Appellate Authority on or before 01.10.2026.
3. In the event, the appeal is filed before the said date, the Appellate Authority shall entertain the appeal without raising an objection as to delay/limitation.
4. All questions urged by the petitioners in the present writ petition are kept open to be urged before the appellate authority on its merits.
5. The writ petition is disposed of in the aforementioned terms.
6. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 42
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA