Karnataka High Court
Gurupadappa vs The Regional Commissioner And Ors on 13 June, 2022
Bench: S.Vishwajith Shetty
1 W.P.No.200891/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION No.200891/2022 (GM-WAKF)
BETWEEN:
GURUPADAPPA S/O LATE VEERBHADRAPPA,
AGED: 35 YEARS, OCC: AGRICULTURE,
R/O SHIROLLI, TQ. CHINCHOLI,
DIST. KALABURAGI.
... PETITIONER
(BY SRI. NARENDRA REDDY, ADVOCATE)
AND:
1. THE REGIONAL COMMISSIONER,
KALABURAGI-585102.
2. THE DEPUTY COMMISSIONER,
BIDAR DISTRICT BIDAR-585401.
3. THE TAHASILDAR,
HUMANABAD,
BIDAR DISTRICT-585401.
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. SHARANABASAPPA M.PATIL, HCGP FOR R1 TO R3;
BY SRI. P.S.MALIPATIL, ADVOCATE FOR 4)
2 W.P.No.200891/2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI AND TO QUASH THE ENTRIES IN
THE NAME OF 4TH RESPONDENT AT COLUMN NO.II OF ANNEXURE-
"F", ENTRIES IN THE ROR FOR YEAR 2021-22 IN RESPECT OF THE
LAND SY.NO.41/2 MEASURING 10 ACRES 00 GUNTAS OF
SHIROLLI VILLAGE, TQ: CHINCHOLI, DIST: KALABURAGI
SHOWING THE NAME OF 4TH 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:
"A) Issue a writ in the nature of
certiorari and to quash the entries in the
name of 4th respondent in column 11 of
Annexure-F entries in the ROR for the year
2021-2022 in respect of land bearing
Sy.No.41/2 measuring 10 acres 00 gunta of
Shirolli village, Tq: Chincholi, Dist: Kalaburagi
showing the name of the fourth respondent in
the Record of Rights;
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
measuring 10 acres 00 gunta of Shirolli
village, Tq: Chincholi, Dist: Kalaburagi".
2. It is the case of the petitioner that the land
bearing Sy.No.41/2 measuring 10 acres 00 gunta of
Shirolli village, Tq: Chincholi, Dist: Kalaburagi, 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 the
name of respondent No.4 in Column No.11 of the land
bearing Sy.No.41/2 measuring 10 acres 00 gunta of
Shirolli village, Tq: Chincholi, Dist: Kalaburagi vide
Annexure-F is quashed, the earlier entry, if any, be
restored 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
KNM/-
CT-SMP
