Karnataka High Court
Karnataka State Board Of Auqaf vs Mallikarjuna And Ors on 8 November, 2024
Author: R.Devdas
Bench: R.Devdas
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WA No.200143 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT APPEAL NO.200143 OF 2023 (KLR-RR/SUR)
BETWEEN:
KARNATAKA STATE BOARD OF AUQAF
NO.6, CUNNIGHAM ROAD,
BENGALURU - 560 052.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
...APPELLANT
(BY SRI P.S. MALIPATIL, ADVOCATE)
AND:
Digitally signed by 1. SRI. MALLIKARJUNA
BASALINGAPPA S/O HUNCHAPPA,
SHIVARAJ
DHUTTARGAON AGED MAJOR,
Location: HIGH OCC: AGRICULTURE AND BUSINESS,
COURT OF
KARNATAKA
2. SRI. MAHADEVAPPA
S/O HUNCHAPPA,
AGED MAJOR,
OCC: AGRICULTURE AND BUSINESS,
3. SRI. BASAVARAJA
S/O HUNCHAPPA,
AGED MAJOR,
OCC: AGRICULTURE AND BUSINESS,
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WA No.200143 of 2023
4. SMT. BASAMMA
D/O HUNCHAPPA,
AGED MAJOR,
OCC: AGRICULTURE AND BUSINESS,
5. SMT. NAGAMMA
D/O HUNCHAPPA,
AGED MAJOR,
OCC: AGRICULTURE AND BUSINESS,
ALL R/O: R/O: JAGATH CIRCLE,
KALABURAGI,
TQ: AND DIST: KALABURAGI-585 102.
THROUGH G.P.A., M.A. SALAM
S/O YAKUB ALI,
AGED 53 YEARS,
OCC: BUSINESS,
R/O: NO.7-374,
MAHADI MOHALLA,
MOMINPURA, KALABURAGI - 585 102.
6. THE REGIONAL COMMISSIONER,
KALABURAGI DIVISION,
R.C. OFFICE, KALABURAGI - 585 102.
7. THE DEPUTY COMMISSIONER,
OFFICE OF DEPUTY COMMISSIONER,
KALABURAGI - 585 102.
8. THE ASSISTANT COMMISSIONER,
OFFICE OF ASSISTANT COMMISSIONER,
KALABURAGI - 585 102.
9. THE TAHSILDAR,
TAHSIL OFFICE,
TQ: AND DIST: KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI RAVI BHEEMSINGH CHAWAN, ADVOCATE
FOR R1 TO R5;
SMT. MAYA T.R., H.C.G.P. FOR R6 TO R9)
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WA No.200143 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ISSUE AN ORDER
ALLOWING THE WRIT APPEAL AND SET ASIDE THE ORDER
DATED 11-09-2023 PASSED IN W.P. NO.202538/2023 BY THE
LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION
WITH EXORBITANT COSTS AND PASS SUCH OTHER ORDERS
AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE INCLUDING INITIATION
OF CRIMINAL CONTEMPT OF THE COURT ORDER, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.DEVDAS
AND
HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE R.DEVDAS)
Learned counsel for the appellant - Karnataka State
Board of Auqaf submits that this intra Court appeal has
been filed only to the extent that although there is an
observation made in the impugned order namely,
W.P.No.202385/2023 dated 18.08.2023, in paragraph
No.4 that although the Thasildar is directed to delete the
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entries made in the Record of Rights of the land belonging
to the petitioners, nevertheless, liberty is also reserved to
the respondent No.4 - Wakf Board to take recourse of law
for change of entry in the Record of Rights. This
observation however is not forthcoming in the operative
portion of the impugned order.
2. Learned counsel for the respondents submits
that he has no objection for such observations to be made
in the operative portion.
3. Accordingly, the writ appeal is partly allowed
while reserving liberty to the appellant to seek redressal in
accordance with law for seeking entry of its name in the
Record of Rights by producing relevant records to show as
to how the Wakf Board is entitled to have its name
entered in the Record of Rights. If such petition or
application is filed, needless to observe, that the
respondents shall be notified, heard and thereafter
appropriate orders could be passed.
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4. Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
BL
