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Karnataka High Court
Hasansab S/O Buddesa Mulla By His Lrs ... vs The State Of Karnataka on 12 December, 2025
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NC: 2025:KHC-D:18072
WP No. 109535 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 12TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 109535 OF 2025 (KLR-RR/SUR)
BETWEEN:
HASANSAB S/O BUDDESA MULLA,
BY HIS LR'S.,
1. IMAM JAFAR S/O HASANSAB MULLA,
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. BETADUR VILLAGE, TQ. KUNDGOL,
DIST. DHARWAD-580 217.
MOULASAB S/O BUDDHESAB MULLA,
BY HIS LR'S.,
2. ALLAHABAKSH S/O MOULASAB MULLA,
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O. BETADUR VILLAGE, TQ. KUNDGOL,
CHANDRASHEKAR
LAXMAN
DIST. DHARWAD-580 217.
KATTIMANI
... PETITIONERS
Location:
HIGHCOURT OF (BY SRI. SADIQ N. GOODWALA, ADVOCATE)
KARNATAKA
DHARWAD BENCH
DHARWAD
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
BY ITS PRINCIPAL SECRETARY,
VIDHAN SOUDHA, BENGALURU-01.
2. THE DEPUTY COMMISSIONER,
DHARWAD-580 001,
DIST. DHARWAD.
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3. THE ASSISTANT COMMISSIONER,
DHARWAD-580 001,
DIST. DHARWAD.
4. THE TAHASILDAR,
TQ. KUNDGOL-580 217,
DIST. DHARWAD.
5. KARNATAKA STATE BOARD OF WAKF,
BY ITS CHIEF EXECUTIVE OFFICER,
CUNNINHAGAM ROAD,
BENGALURU-52.
... RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4;
SRI. B. MOHAMMAD ALI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN
THE NATURE OF CERTIORARI QUASHING THE MR NO.H100
DATED 01.04.2020 PASSED BY RESPONDENT NO.4 VIDE
ANNEXURE-B AND CONSEQUENTLY DIRECT THE RESPONDENT
NO.4 TO RESTORE NAMES OF PETITIONERS IN COLUMN NO.9
AND 12 IN RESPECT OF SY NO.254/1 MEASURING 2 ACRES AND
28 GUNTAS SITUATED AT BETADUR VILLAGE, TQ. KUNDGOL,
DIST. DHARWAD VIDE ANNEXURE-C IN REVENUE RECORDS AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 109535 of 2025
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ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
1. Learned Additional Government Advocate accepts
notice on behalf of respondents No.1 to 4.
2. Shri B. Mohammad Ali, learned counsel accepts
notice on behalf of respondent No.5.
3. Learned counsel for the petitioners would submit
that the name of respondent No.5 is entered in the
property records without notice to the petitioners
and in violation of the procedures contemplated
under the Karnataka Land Revenue Act, 1964.
4. It is his further submission that issue raised in the
present petition is covered by the Judgment of Co-
ordinate Bench of this Court in Hafizsab S/o.
Abdul Khadar Saheb Khazi and Others vs.
State of Karnataka and others1.
WP No.105721/2025 (DD 05.11.2025)
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HC-KAR
5. Learned Additional Government Advocate appearing
for respondents-State does not dispute the
contention and so also the counsel for respondent
No.5.
6. Hence, the following:
ORDER
i. Writ petition is allowed.
ii. The MR No.H100 dated 01.04.2020 marked at
Annexure-B is quashed.
iii. Liberty is reserved to respondent No.5 to move
application before the Tahasildar to make a claim in
the property in accordance with law. If such a claim
is made, notice shall be issued to the petitioners
and the interested persons and thereafter, the
Tahasildar shall pass appropriate orders.
iv. Nothing is expressed on the merits of the claim.
v. All contentions are kept open.
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vi. Respondent No.4-Tahasildar shall delete the name
of respondent No.5 in column Nos.9 and 12 of the
property records and enter the name of the
petitioners.
vii. The exercise shall be completed within 30 days
from the date of receipt of certified copy of the
order.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT:BCK
LIST NO.: 1 SL NO.: 16
