Karnataka High Court
Hanumantha S/O Amaresh vs The Regional Commissioner And Ors on 9 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.201304/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.201304/2022 (KLR-RR/SUR )
BETWEEN:
Sri. Hanumantha S/o Amaresh,
Aged about 39 years,
Occ: Agriculture,
R/o Donamaradi Village, Manvi,
Tq: Manvi, Dist. Raichur-584 123.
... Petitioner
(By Sri.Arunkumar Amargundappa, Advocate)
AND:
1. The Regional Commissioner,
Kalaburagi Division,
Kalaburagi-585102.
2. The Deputy Commissioner,
Raichur, Dist. Raichur-584101.
3. The Tahasildar,
Manvi, Tq: Manvi,
Dist. Raichur-584123.
2 W.P.No.201304/2022
4. The Karnataka State Board of Wakfs,
"Darul A Wakf" No.6,
Cunningham road,
Bangalore-560052.
Represented by its
Chief Executive Officer.
... Respondents
(By Sri. Bhojegouda T. Koller, AGA for R1 to R3;
By Sri. P.S.Malipatil, Advocate for R4)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue a writ in the
nature of certiorari to quash the entries in the name of
4th respondent in Column 11 of the ROR for the year
2021-2022 in respect of land bearing Sy.No.41/2/A
(Old) Sy.No.41/2/2 (New) measuring 01 acre 01 gunta,
situated at Manvi Taluk of Raichur District, at
Annexure-F 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:
"A) Issue a writ in the nature of
certiorari to quash the entries in the name of
4th respondent in column 11 of the ROR for
the year 2021-2022 in respect of land bearing
Sy.No.41/2/A (Old) Sy.No.41/2/2 (New)
measuring 01 acre 01 gunta, situated at
Manvi Taluk of Raichur District, at
Annexure-F.
B) Issue a writ in the nature of
to restore the name of petitioner in the record
of rights of the land bearing Sy.No.41/2/A
(old) Sy.No.41/2/2 (new) measuring 01 acres
01 gunta situated at Manvi Taluka of Raichur
district."
2. It is the case of the petitioner that the land
bearing Sy.No.41/2/A (old) Sy.No.41/2/2 (new)
measuring 01 acre 1 gunta situated at Manvi taluka of
Raichur district, is his absolute property and the revenue
records of the said land stood in his name and without
notice to 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.3 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.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.41/2/A (old) Sy.No.41/2/2 (new)
measuring 01 acre 1 gunta situated at Manvi taluka of
Raichur district vide Annexure-F is quashed and the
matter is remitted back to respondent No.3 - 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
Srt
CT-SMP
