Karnataka High Court
Chand Sab vs State Of Karnataka And Ors on 2 July, 2024
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WA No. 200127 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200127 OF 2024 (KLR-RR/SUR)
BETWEEN:
SRI. CHAND SAB
S/O USMAN SAB,
AGED 56 YEARS,
R/o AT BILHAR VILLAGE,
TALUKA: SHAHAPUR,
DISTRICT: YADGIRI- 585 355.
...APPELLANT
(BY SRI.ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
Digitally signed by
AND:
BASALINGAPPA
SHIVARAJ
DHUTTARGAON 1. STATE OF KARNATAKA
Location: HIGH REPT. BY ITS PRINCIPAL SECRETARY,
COURT OF
KARNATAKA REVENUE DEPT.
ROOM NO.505,
5TH FLOOR, GATE 3,
M.S.BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. TAHASILDAR
SHAHAPUR, SH-16, SHAHAPUR,
DISTRICT: YADGIRI - 585 223.
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WA No. 200127 of 2024
3. THE DEPUTY COMMISSIONER
YADGIRI, DISTRICT: OFFICE COMPLEX,
CHITTAPUR ROAD,
YADGIRI-585 202.
4. KARNATAKA STATE BOARD OF AUQAF
REPT. BY ITS CEO., "DARUL AUQAF",
NO. 6, CUNNINGHAM ROAD,
VASANTH NAGAR,
BENGALURU-560 052.
...RESPONDENTS
(BY SRI. MALLIKARJUN C. BASAREDDY, GA FOR R1 TO R3;
SRI. LIYAQAT FAREED USTAD, ADVOCATE FOR R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 05.01.2022 PASSED IN W.P.NO.201942/2021
BY THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT
PETITION AND QUASH THE ENTRY OF THE NAME OF THE
KARNATAKA STATE BOARD OF AUQAF (I.E. RESPONDENT
NO.4) IN COLUMN NO.11 OF ROR IN RESPECT OF LAND
BEARING SY.NO.360//2 MEASURING 09 ACRES 0.22 GUNTAS
OF BILHAR VILLAGE, SHAHPUR TQ. AND RESTORE THE NAME
OF THE PETITIONER IN THE RECORD OF RIGHTS WITH
LIBERTY TO THE TAHASILDAR TO PROCEED FURTHER IN
ACCORDANCE WITH LAW, IF HE IS SO ADVISED, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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WA No. 200127 of 2024
JUDGMENT
This Writ Appeal is filed challenging the order dated
05.01.2022 passed by the learned Single Judge in
W.P.No.201942/2021 wherein the learned Single Judge
dismissed the writ petition as not maintainable reserving
liberty to the appellant to approach the competent
authority, if so advised.
2. Learned counsel for the appellant submits that
there are several writ petitions came to be allowed and
impugned entries made in the revenue records at Column
No.11 is set aside and matter was remitted to the
Tahasildar for reconsidering afresh after providing an
opportunity of hearing to the parties and pass appropriate
orders in accordance with law. Further, he submits that
the learned Single Judge without considering the order
passed by the Co-ordinate Bench of this Court has
proceeded to dismiss the writ petition. Hence, he submits
that the order passed by the learned Single Judge is
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arbitrary and contrary to the orders passed by the
Co-ordinate Bench of this Court.
3. Learned counsel for the appellant also placed
reliance on the order dated 10.12.2020 passed by the
learned Single Judge in W.P.No.147848/2020 also the
order dated 09.06.2014 passed by the Co-ordinate Bench
of this Court in W.A.No.50271/2013 Hence, on these
grounds he prays to allow the appeal.
4. Per contra, Learned Government Advocate for
respondent Nos.1 to 3 and learned counsel for respondent
No.4 supports the impugned order and prays to dismiss
the writ appeal.
5. Perused the records and considered the
submission of learned counsel for the parties.
6. It is not in dispute that the name of the
petitioner was appearing in the record of right before
entering the name of wakf board i.e., respondent No.4.
Respondent No.2 as per the directions issued by the
respondent No.3 deleted the name of the appellant and
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entered the name of respondent No.4 in the revenue
records in respect of land of the appellant. Before passing
the impugned order, no notice was issued to the appellant
and no opportunity of hearing was provided to him. Thus,
the impugned order passed by the respondent No.2 is in
clear violation of principles of natural justice apart from
the mandatory requirement as contemplated under
Section 129 of Karnataka Land Revenue Act.
7. Therefore, we are of the view that the order
passed by the Tahasildar ought to have been set aside by
the learned Single Judge as there was violation of
principles of natural justice. Hence, the Writ Appeal is
allowed. The impugned order passed by the Tahasildar and
order passed by the learned Single Judge confirming the
same are set aside. Matter is remitted to the Tahasildar,
Shahapur, with a direction to notify the petitioner, the
respondent No.4 wakf board and other interested persons,
hear them and thereafter, pass appropriate orders in
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accordance with law, within a period of eight weeks from
the date of receipt of copy of this order.
8. In the meanwhile, the respondent No.2 is
directed to continue the entries of the petitioner in the
revenue records till it passes the order.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
CT;BN
