Karnataka High Court
Badrunisa Begum vs The State Of Karnataka And Ors on 10 September, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:6801
WP No. 202394 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 202394 OF 2024 (KLR-RR/SUR)
BETWEEN:
BADRUNISA BEGUM W/O S MOIZUDDIN,
AGE. 73 YEARS, OCC:HOUSEHOLD,
R/O 2-1-157, ANDROON QUILLA,
VTC. RAICHUR PO. RAICHUR,
DIST RAICHUR-584101.
...PETITIONER
(BY SRI. MAHANTESH PATIL,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S. BUILDING, BENGALURU-560001.
Digitally signed by
BASALINGAPPA
SHIVARAJ
2. THE REGIONAL COMMISSIONER
DHUTTARGAON KALABURAGI, DIST:KALABURAGI-585102.
Location: HIGH
COURT OF
KARNATAKA
3. THE DEPUTY COMMISISONER
RAICHUR, DIST:RAICHUR-584101.
4. THE ASSISTANT COMMISSIONER
RAICHUR RAICHUR-584101.
5. THE TAHSILDAR SINDHANUR,
TQ SINDHANUR, DIST RAICHUR-584101.
6. THE KARNATAKA STATE BOARD OF WAKFS
DARULA A WAKF, NO.6 CUNNINGHAM ROAD
BENGALURU-560052.
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WP No. 202394 of 2024
REPRESENTED BY ITS,
CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SRI. SHIVAKUMAR R TENGLI ,ADVOCATE FOR R1 TO R5
BY SRI. P.S. MALIPATIL, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT, QUASHING THE IMPUGNED
ENDORSEMENT BEARING NO. E.Comp NO.29275 FILE NO.
DCRAI-LRM/99/2022-RAI-LRM-RAI DATED 31.04.2024 ISSUED
BY THE RESPONDENT NO. 3 VIDE ANNEXURE J IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION COMING ON FOR PRL. HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA accepts notice for respondent Nos.1 to
5.
2. Sri. P.S.Malipatil, learned counsel accepts notice for
respondent No.6.
3. The petitioner is before this Court seeking for the
following reliefs:
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a) Issue a writ in the nature of certiorari or any
other appropriate writ, quashing the impugned
endorsement bearing No.E.Comp No.29275 file no.
DCRAI-LRM/99/2022-RAI-LRM-RAIdated 31.04.2024
issued by the respondent no.3 vide annexure j in
the interest of justice and equity.
b) Issue a writ in the nature of mandamus or any
other appropriate writ quashing the impugned
mutation bearing no. M.R H-319 dated 11.09.2017
vide annexure d in respect of Sy No.108/*/ hissa 3,
measuring 1 acre 34 guntas situated at Sindhanur
village Taluka Sindhanur, district Raichur.
c) Issue a writ in the nature of mandamus or any
other writ or order or direction, directing the
respondent no.5 to delete the name of the 6th
respondent, in respect of Sy No.108/*/ hissa 3 of
Sindanur village, Taluk Sindhanur, dist Raichur in
column No.11 from the record of rights for the year
2020-21 to 2023-24 vide Annexure-D1 to D4 in the
interest of justice.
d) Pass such other order or directions as this
Hon'ble court deems just and proper under the facts
and circumstances of the case and allow this writ
petition, in the interest of justice and equity.
4. The petitioner claims to be the owner of the land in
Survey No.108/3, measuring 1 acre 34 guntas,
situated at Sindhanur village, taluka Sindhanur,
district Raichur. The name of the husband of the
petitioner having been entered into in the revenue
records by MR No.589/2010-2011, subsequent to the
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death of the husband of the petitioner on
08.11.2016, the petitioner name was entered into in
the revenue records by way of MR No.H-468. The
respondent No.5-Tahasildar, directed the entry of the
name of the respondent No.6 in column No.11 of the
revenue records which was so entered into on
16.11.2019, which came to be challenged by the
petitioner in W.P.No.201420/2022, which came to be
allowed by this Court on 21.06.2022, directing to
delete the name of the respondent No.6 and restore
the name of the petitioner as also for fresh
consideration.
5. Thereafter, the Deputy Commissioner i.e. respondent
No.3 forwarded the same to the respondent No.5-
Tahasildar who instead of complying with the orders
passed in W.P.No.201420/2022, had again forwarded
the matter to the Deputy Commissioner, by way of
endorsement dated 31.01.2024, directing the
petitioner to approach the Karnataka Wakf Tribunal,
since there is a dispute as regards the title of the
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property. It is challenging the same, the petitioner is
before this Court.
6. The said issue is covered by the Judgment of this
Court dated 06.08.2024 in W.P.No.202162/2022
(KLR-RR/SUR) [Smt. Chennamma Vs. The
Regional Commissioner, Kalaburagi Region and
others]. There being no notification notifying the
land to be a Wakf land and the name of the Wakf
having been entered into without notice, the Deputy
Commissioner could not have directed the petitioner
to approach the Wakf Tribunal under Section 83 of
the Wakf Act.
7. Thus, I pass the following:
ORDER
(i) The writ petition is allowed;
(ii) A certiorari is issued, quashing the impugned
endorsement bearing No.E.Comp No.29275 File
No.DCRAI-LRM/99/2022-RAI-LRM-RAI, dated
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31.01.2024 issued by the respondent No.3 vide
Annexure-J;
(iii) A mandamus is issued directing respondent
No.4 to delete the name of the respondent
No.6 in column Nos.11 and 9, with respect to
Survey No.108/3, measuring 1 acre 34 guntas,
situated at Sindhanur village, taluka
Sindhanur, district Raichur and reinstate the
name of the petitioner in the revenue record
within 60 days from the date of receipt of the
copy of this order.
(iv) Liberty is reserved to respondent No.5 to cause
a proper enquiry.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
SVH
