Karnataka High Court
Mohammad Hussainsab S/O ... vs The State Of Karnataka on 30 August, 2023
Bench: M.Nagaprasannapresided Bymnpj
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WP No. 105039 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 105039 OF 2023 (KLR-RR/SUR)
BETWEEN:
MOHAMMAD HUSSAINSAB S/O HUSSAINSAB
MULLA,
SINCE DECEASED BY HIS LRS.
1.
SMT. BEGUMBI W/O MOHAMMAD HUSSAINSAB
MULLA,
AGE. 71 YEARS, OCC. AGRICULTURE.
2. KHWAJAMAHINODDIN S/O
VISHAL MOHAMMADHUSSAINSAB MULLA, AGE. 44
YEARS, OCC. AGRICULTURE.
NINGAPPA
PATTIHAL 3. SAJID AHMAD S/O MOHAMMADHUSSAINSAB
Digitally signed by MULLA,
VISHAL NINGAPPA AGE. 39 YEARS, OCC. AGRICULTURE.
PATTIHAL
Date: 2023.08.31 4. VAHIDA W/O JAMALSAB MULLA,
12:11:03 +0530
AGE. 35 YEARS, OCC. AGRICULTURE,
ALL R/O KOLIWAD VILLAGE, TQ. HUBBALLI,
DIST. DHARWAD-581195.
... PETITIONERS
(BY SRI. HARSHAWARDHAN .M. PATIL, ADVOCATE)
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WP No. 105039 of 2023
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER, DHARWAD
DIST. DHARWAD-580008.
3. THE ASSISTANT COMMISSIONER,
HUBLI, DIST. DHARWAD-580008.
4. THE TAHASILDAR, HUBLI,
DIST. DHARWAD-580020.
5. KARNATAKA STATE BOARD OF WAKF
BY ITS CHIEF EXECUTIVE OFFICER,
GUNNINHAGAM ROAD,
BENGALURU-560001.
... RESPONDENTS
(BY SRI. MADANMOHAN M. KHANNUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICELS 226
AND 227 OF THE CONSTITION OF INDIA, PRAYING TO
ISSUE WRIT IN THE NATURE OF CERTIORARI BY
QUASHING THE IMPUGNED ENTRY BASED ON THE
MUTATION DATED 08/03/2022 AT COLUMN NO.9 AND 12
IN ROR IN RESPECT OF SY.NO.531/2A/1 MEASURING 3
ACRES 30 GUNTAS SITUATED AT KOLIWAD VILLAGE, TQ.
HUBBALLI, DIST. DHARWAD VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 105039 of 2023
ORDER
1. Heard the learned counsel Shri Harshawardhan
M.Patil appearing for the petitioners and the learned AGA
Madanmohan M.Khannur appearing for the respondents.
2. Learned counsel appearing for the petitioners
submits that the issue in the lis stands covered by the
judgment rendered by the Co-ordinate Bench of this Court
in W.P. No.147421/2020.
3. The Co-ordinate Bench of this Court held as
under:
"The petitioner has approached this Court in
this writ petition with a prayer to quash the
endorsement dated 21.03.2019 in proceedings
bearing No. No.Kra.San. L.N.D.C.R. 62/2018-19
issued by the fourth respondent vide Annexure-D
and also mutation entries dated 27.05.2020 insofar
as petitioner is concerned with regard to land
bearing Survey No.26/2 and Survey No.26/3 in
M.R.No.H-32 of Kadadi village, Gadag Taluk, vide
Annexure-E at column No.9 and 12.
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WP No. 105039 of 2023
2. It is the case of the petitioner that he is
the absolute owner of the land in dispute and the
entries in the revenue records of the land in dispute
stood in the name of petitioner as per Annexure-B
series. It is his case that pursuant to a circular
issued by the State Government, without notice to
the petitioner, the entry in respect of land in dispute
has now been changed in the name of Wakf Board.
3. Learned counsel for the petitioner
submits that the respondents have not issued any
notice to him before changing the revenue entries of
the land in dispute and this is in violation of Section
129(2) of the Karnataka Land Revenue Act.
Learned counsel for the petitioner also submits that
the matter is squarely covered by the order of this
Court in W.P.No.84645/2011.
4. Learned Additional Government
Advocate does not dispute this aspect of the matter.
This writ petition is also therefore disposed of in
terms of the order passed by this Court in
W.P.No.84645/2011 dated 01.03.2017.
5. The revenue entries in respect of land in
dispute in column number 9 and 12 of Annexure-E
stands quashed and the name of the concerned
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WP No. 105039 of 2023
persons, which were found prior to the said entry,
shall continue.
6. If at all the concerned authorities intend
to take any steps for change of the entries in
respect of the land in dispute, the same shall be
done with notice to the petitioner and the petitioner
shall be given an opportunity of hearing, prior to
passing any order with regard to change of revenue
entries in respect of the land in dispute.
7. The order passed in this writ petition
shall not be construed as conferring title with
regard to the land in dispute on either of parties. It
is for the parties concerned to approach the court of
law and seek such other legal remedies to
safeguard their interest and title over the land in
question.
8. Writ petition accordingly stands
disposed of."
4. Learned AGA does not dispute the submission
made by the learned counsel appearing for the petitioners.
5. In the light of the issue standing covered by the
judgment rendered by the Co-ordinate Bench of this Court
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WP No. 105039 of 2023
in W.P. No.147421/2020 (Supra), this petition deserves to
be disposed off.
The petition is disposed off in terms of the afore
quoted order (supra).
Sd/-
JUDGE
vnp*/ct:bck
