Karnataka High Court
Vithal Reddy S/O Saireddy vs The State Of Karnataka And Ors on 1 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.200921/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 01ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.200921/2022 (KLR, RR/SUR)
BETWEEN:
VITHAL REDDY S/O SAIREDDY,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O NIRNA VILLAGE,
TQ. CHITAGUPPA, DIST. BIDAR.
... PETITIONER
(BY SRI.NAGARAJ PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S.BUILDING,
BENGALURU-560001.
2. THE REGIONAL COMMISSIONER,
KALABURAGI-585102.
3. THE DEPUTY COMMISSIONER,
BIDAR, DISTRICT BIDAR-585401.
4. THE ASSISTANT COMMISSIONER,
BIDAR, DIST: BIDAR-585401.
5. THE TAHASILDAR,
CHITAGUPPA, DIST. BIDAR-585330.
2 W.P.No.200921/2022
6. THE KARNATAKA STATE BOARD OF WAKFS,
'DARUL A WAKF' NO.6, CUNNINGHAM ROAD,
BANGALORE-560052,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO 5;
BY SRI. P.S.MALIPATIL, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF THE CERTIORARI AND TO QUASH THE
ENTRIES IN THE NAME OF 6TH RESPONDENT AT ANNEXURE-E, E1
ENTRIES IN THE ROR FOR YEAR 2020-21 AND 2021-22 IN
RESPECT OF LAND SY. NOS.657/3 MEASURING 05 ACRES 14
GUNTAS OF BEMALKHED VILLAGE, TQ: CHITAGUPPA, DIST: BIDAR
AND LAND BEARING SY.NO.331/2 MEASURING 04 ACRES 19
GUNTAS OF NIRNA VILLAGE, CHITAGUPPA TALUKA, BIDAR
DISTRICT SHOWING THE NAME OF 6TH RESPONDENT IN THE
RECORD OF RIGHTS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed the instant writ petition
seeking the following reliefs:
(i) Issue a writ in the nature of certiorari and
to quash the entries in the name of 6th respondent
at Annexure-E and E1 entries in the ROR for year
2020-21 and 2021-22 in respect of land
Sy.No.657/3 measuring 05 acres 14 guntas of
Bemalkhed village, Tq: Chitaguppa, Dist: Bidar and
land bearing Sy.no.331/2 measuring 04 acres 19
guntas of Nirna village, Chitaguppa Taluka, Bidar
district showing the name of 6th respondent in the
record of rights;
(ii) Issue a writ in the nature of mandamus
directing the respondent Nos.1 to 5 to restore the
name of petitioner in the record of rights of land
bearing Sy.No.657/3 measuring 05 acres 14 guntas
of Bemalkhed village, Tq: Chitaguppa, Dist: Bidar
and land bearing Sy.no.331/2 measuring 04 acres
19 guntas of Nirna village, Chitaguppa Taluka, Bidar
district.
2. It is the case of the petitioner that the land
bearing Sy.No.657/3 measuring 05 acres 14 guntas of
Bemalkhed village, Tq: Chitaguppa, Dist: Bidar and land
bearing Sy.No.331/2 measuring 04 acres 19 guntas of
Nirna village, Chitaguppa Taluka, Bidar district are his
absolute property and the revenue records of the said
land stood in his name and without notice of the
petitioner, the name of the sixth respondent has now
been entered in column No.11 of the record of rights in
respect of the said land. According to the petitioner, he
had no notice prior to the said entry made in column
No.11 of the land in question and respondent No.5 has
not held any enquiry prior to making such an entry.
3. Learned counsel for the petitioner has relied
upon the judgments of this court in
W.P.No.205751/2019 and W.P.No.208490/2017 and
submits that in identical circumstances, this court has
allowed the writ petitions and remitted the matter to the
Tahsildar.
4. Learned Counsel Sri.P.S.Mali Patil appearing for
respondent No.6 does not dispute the submission made
by the learned counsel for the petitioner.
5. Under the circumstances, in order to maintain
parity, even this writ petition stands disposed of in
terms of the order dated 04.02.2020 and 12.06.2020
passed by the Co-ordinate Bench of this court in
W.P.No.205751/2019 and W.P.No.208490/2017.
Accordingly, the following order:
The writ petition is allowed. The entry made in
respect of respondent No.6 in column No.11 of the land
bearing Sy.No.657/3 measuring 05 acres 14 guntas of
Bemalkhed village, Tq: Chitaguppa, Dist: Bidar and land
bearing Sy.No.331/2 measuring 04 acres 19 guntas of
Nirna village, Chitaguppa Taluka, Bidar district vide
Annexure-E series is quashed and the matter is emitted
back to respondent No.5/Tahsildar, who shall issue
notices to all the interested parties relating to the land
in question and after holding an enquiry shall proceed to
pass orders in accordance with Sections 127 and 128 of
the Karnataka Land Revenue Act.
Sd/-
JUDGE
KNM/-
