Anwar Hussain vs The State Of Karnataka And Ors
2021 Latest Caselaw 3338 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 16TH DAY OF SEPTEMBER, 2021

                         BEFORE

      THE HON'BLE MR.JUSTICE ASHOK S. KINAGI


      WRIT PETITION No.201561/2021 (KLR-CON)

Between:

Anwar Hussain S/o Azad Ali
Aged about 60 years
Occ: Agriculture
R/o H.No.9-5-12A
Irani Colony, Chidri Road
Bidar-585401

                                        ... Petitioner
(By Sri Ravi B. Patil, Advocate)

And:

1.     The State of Karnataka
       By its Secretary to Government
       Department of Revenue
       M.S. Building
       Bengaluru-560 001

2.     The Deputy Commissioner
       Bidar District
       Bidar-585401

3.     The Assistant Commissioner
       Bidar-585401
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4.    The Tahasildar
      Bidar-585401

5.    The Revenue Inspector
      Kamthana Village
      Tq. & Dist. Bidar-585401
                                           ... Respondents

(By Sri Mallikarjun Sahukar, HCGP for R1 to R5)


      This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to (a) issue writ of
certiorari thereby quash the impugned order dated
06.02.2020 passed by the 2nd respondent authority
bearing file No.REV/LND/CR-06/2019-20 as at Annexure-J,
insofar relates to the land of the petitioner in Sy.No.471/4
and 471/5 (471/1) measuring 2 acres 36 guntas and 2
acres 16 guntas respectively situated at Kamthana village,
Tq. & Dist. Bidar, as illegal and arbitrary; (b) issue a writ
of mandamus directing the respondents No.1 to 5 to
restore the revenue entries at column Nos.9 and 12
pertaining to the schedule property as it stood prior to
passing of the order impugned.

      This petition coming on for preliminary hearing, this
day, the Court made the following:-


                          ORDER

Petitioner is before this Court seeking for a writ

of certiorari to quash order dated 06.02.2020 passed

by the second respondent relating to the lands of the

petitioner in Sy.No.471/4 measuring 2 acres 36

guntas and Sy.No.471/5 measuring 2 acres 16 guntas

situated at village Kamathan, taluk and district Bidar

and also for a writ of mandamus directing respondent

Nos.1 to 5 to restore the revenue entries in column

Nos.9 and 12 in the name of the petitioner.

2. Learned counsel for the petitioner submits

that the matter is covered by the judgment of

Co-ordinate Bench of this Court in W.P.No.200273/

2021 disposed of on 10.02.2021 (Smt.

Sharanamma vs. The State of Karnataka and

others).

3. Learned High Court Government Pleader does

not dispute the same.

4. In view of the submissions made by the

learned counsel for the parties, the writ petition is

disposed of in terms of W.P.No.200273/2021.

5. The impugned order dated 06.02.2020

passed by the second respondent is hereby quashed.

Mandamus is issued directing the respondents to

restore the entries in the name of the petitioner as

regards to the aforesaid properties, within a period of

two months from the date of receipt of certified copy

of this order.

With the above observation, the writ petition

stands disposed of. Liberty is however reserved to

the respondents to initiate necessary proceedings

against the petitioner in accordance with law.

Sd/-

JUDGE swk