Karnataka High Court
Imamsab S/O Ameenasab vs The Deputy Commissioner And Ors on 1 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.201181/2022
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.201181/2022 (KLR, RR/SUR)
BETWEEN:
IMAMSAB S/O AMEENSAB,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O SULTANPUR VILLAGE,
TQ. & DIST: RAICHUR.
... PETITIONER
(BY SRI.SHIVANAND PATIL, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
RAICHUR-584101.
2. THE TAHSILDAR,
RAICHUR-584101.
3. ADMINISTRATOR KARNATAKA
STATE BOARD OF WAKF,
6TH CUNNINGHAM ROAD,
BANGALORE-01.
4. THE CHIEF EXECUTIVE OFFICER,
KARNATAKA STATE BOARD OF WAKF,
6TH CUNNINGHAM ROAD,
BANGALORE-01.
2 W.P.No.201181/2022
5. THE DIST. WAKF OFFICER,
DIST. WAKF ADVISORY
COMMITTEE RAICHUR-584101.
... RESPONDENTS
(BY SRI.VEERANAGOUDA MALIPATIL, HCGP FOR R1 TO 4;
BY SRI. P.S.MALIPATIL, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT OF
CERTIORARI OR ANY OTHER ORDER OF THE KIND AND QUASH
THE ILLEGAL IMPUGNED ENTRY SHOWING THE NAME OF THE
WAKF (READ AS WAKF BOARD PROPERTY) IN THE RECORD OF
RIGHTS (ROR) IN RESPECT OF AGRICULTURE LAND SY.NO.9
MEASURING 36 GUNTA OF VILLAGE SULTANPUR, TQ. & DIST:
RAICHUR AS PER ANNEXURE-BG, B-1 AND B-2 TO THE WRIT
PETITION. A WRIT OF MANDAMUS OR A COMMAND OF THE LIKE
NATURE DIRECTING THE RESPONDENT NO.2 TO IMMEDIATELY
DELETE THE SAID ENTRY SHOWING THE NAME OF THE WAKF IN
THE EARLIER, EXISTING AND FUTURE (ROR) IN RESPECT OF
AGRICULTURE LANDS SY.NO.9 MEASURING 36 GUNTAS OF
VILLAGE SULTANPUR, TQ. & DIST: RAICHUR 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 of certiorari or any other
order of the kind and quash the illegal
impugned entry showing the name of the
Wakf (read as Wakf Board property) in the
Record of Rights (ROR) in respect of
agriculture land Sy.No.9 measuring 36 gunta
of village Sultanpur, Tq. & Dist.Raichur as per
Annexure-B, B1 and B2 to the writ petition, in
the interest of justice.
(ii) Issue a writ of mandamus or a
command of the like nature directing the
respondent No.2 to immediately delete the
said entry showing the name of the Wakf in
the earlier, existing and future (ROR) in
respect of agriculture lands Sy.No.9
measuring 36 gunta of village Sultanpur, Tq.
& Dist. Raichur in the interest of justice.
2. It is the case of the petitioner that the land
bearing Sy.No.9 measuring 6 guntas situated at village
Sultanpur, Tq. & District Raichur, is 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 fourth 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.2 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 appearing for respondent No.4
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.4 in column No.11 of the land
bearing Sy.No.9 measuring 6 guntas situated at village
Sultanpur, Tq. & District Raichur vide Annexure-B series
is quashed and the matter is remitted back to
respondent No.2/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/-
