Citation : 2026 Latest Caselaw 890 Kant
Judgement Date : 5 February, 2026
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.200253 OF 2025 (KLR-RR/SUR)
BETWEEN:
MR. ABDUL RASHEED S/O FAKEERSAB,
AGED ABOUT 60 YEARS, OCC: BUSINESS
RESIDING AT WARD NO.3, NAIKAL,
TQ. SHAHAPUR, DIST. YADGIR-585319
...PETITIONER
(BY SRI. ABDUL MUQHTADIR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT, ROOM NO.505,
5TH FLOOR, GATE 3, M. S. BUILDING,
Digitally signed DR. B. R. AMBEDKAR VEEDHI,
by RENUKA
Location: HIGH BANGALORE-560001.
COURT OF
KARNATAKA 2. DEPUTY COMMISSIONER, YADGIR
A. BLOCK, DOC CHITTAPUR ROAD,
YADGIR-585202.
3. ASSISTANT COMMISSIONER, YADGIR
A BLOCK, FIRST FLOOR, DOC CHITTAPUR ROAD,
YADGIR-585202.
4. TAHSILDAR WADAGERA,
TAHSILDAR OFFICE,
TANDA ROAD, TQ. WADAGERA-585355,
DIST. YADGIR
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5. KARNATAKA STATE BOARD OF AUQAF,
REPRESENTED BY ITS CEO, DARUL AUQAF 6,
CUNNINGHAM ROAD, VASANTH NAGAR,
BANGALORE-560051.
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4;
SRI. ZALFIQAR ALI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S A)
ISSUE APPROPRIATE ORDER/ DIRECTION/ WRIT IN NATURE OF
CERTIORARI TO QUASH THE MUTATION BEARING MR. NO. T39
DATED 11.01.2019 VIDE ANNEXURE-B THEREBY QUASH THE
ENTRY OF "WAKF ORGANIZATION AND WAKF BOARD
BENGALURU" IN COLUMN NO.11 OF MULTIPLE OWNER RTC OF
SY.NO.152/* / ªÀÄįÁè£À ºÉƯÁ 1 KHATA NO.288 FROM THE YEAR
2018-19 TO 2020-21 AND SY.NO.152/*/1, KHATA NO.288
FROM THE YEAR 2021-22 TO 2024-25, MEASURING 2 ACRE 05
GUNTAS, SITUATED AT VILLAGE NAYAKAL, TQ. WADAGERA
DIST. YADGIR VIDE ANNEXURE-C TO C6, B) ISSUE AN
APPROPRIATE ORDER/DIRECTION/WRIT IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.4 TO DELETE
THE ENTRY OF "WAKF ORGANIZATION AND WAKF BOARD
BENGALURU" IN COLUMN NO.11 OF MULTIPLE OWNER RTC OF
SY.NO.152/*/ªÀÄįÁè£À ºÉƯÁ 1 KHATA NO.288 FROM THE YEAR
2018-19 TO 2020-21 AND SY.NO.152/*/1, KHATA NO.288
FROM THE YEAR 2021-22 TO 2024-25, MEASURING 2 ACRE 05
GUNTAS, SITUATED AT VILLAGE NAYAKAL, TQ. WADAGERA
DIST. YADGIR VIDE ANNEXURE-C TO C6.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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ORAL ORDER
Heard the learned counsel for the petitioner.
2. This petition is filed seeking the following
reliefs:
"a) issue appropriate order/ direction/ writ in nature of certiorari to quash the Mutation bearing MR. No. T39 dated 11.01.2019 vide Annexure-B thereby quash the entry of "Wakf Organization and Wakf Board Bengaluru"
in column no.11 of multiple owner RTC of Sy.No.152/* / ªÀÄįÁè£À ºÉƯÁ 1 Khata No.288 from the year 2018-19 to
2020-21 and sy.no.152/*/1, khata no.288 from the year 2021-22 to 2024-25, measuring 2 Acre 05 Guntas, situated at village Nayakal, Tq. Wadagera Dist. Yadgir vide Annexure-C to C6,
b) issue an appropriate order/direction/writ in nature of mandamus directing the Respondent No.4 to delete the entry of "Wakf Organization and Wakf Board Bengaluru"
in column no.11 of multiple owner RTC of sy.no.152/*/ªÀÄįÁè£À ºÉƯÁ 1, khata no.288 from the year
2018-19 to 2020-21 and sy.no.152/*/1, Khata No.288 from the year 2021-22 to 2024-25, measuring 2 Acre 05 Guntas, situated at village Nayakal, Tq. Wadagera Dist. Yadgir vide Annexure-C to C6.
c) Grant costs,
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d) Such other relief/s as this Hon'ble Court may deem fit to grant in the circumstances of the case and in the interest of justice and equity."
3. With the consent of learned counsel appearing
for both the parties, the matter is taken up for final
disposal.
4. It is the case of the petitioner that he is the
absolute owner and possessor of the land bearing Sy.No.
152/* / ªÀÄįÁè£À ºÉƯÁ 1, Khata No.228 measuring 2 acres 05
guntas situated at village Nayakal, Tq.Wadagera,
Dist.Yadgir. Later, in the year 2018-19 in column No.11 of
RTC of said land, name is entered as "Wakf Organization
and Wakf Board Bangalore" by way of mutation bearing
MR No.T39 dated 11.01.2019 without giving any notice or
conducting any enquiry and the same is continued till
today. It is also contended that in the year 2021-22 the
revenue department allotted new Hiss number to Sy.No.
152/* / ªÀÄįÁè£À ºÉƯÁ 1, Khata No.228 as Sy.No.152/*/1,
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Khata No.228. Being aggrieved by the entry made in
column No.11 of the RTC, petitioner is before this Court.
5. It is submitted that similar identical petition was
disposed of by this Court in W.P.No.203065/2023 disposed
of on 16.11.2023. Perused the order passed therein.
6. This petition is disposed of in terms of the order
passed by this Court in W.P.No.203065/2023 disposed of
on 16.11.2023.
7. Accordingly, I pass the following:
ORDER
i. The petition is disposed of.
ii. Writ of Certiorari is issued quashing the Mutation bearing MR No.T39 dated 11.01.2019 and a direction is issued to respondent No.4 to delete the entry made in column No.11 of the record of rights in the name of respondent No.5 in respect of land bearing Sy.No. 152/*/ ªÀÄįÁè£À ºÉƯÁ 1,
Khata No.288 from the year 2018-19 to 2020-21 and Sy.No.152/*/1, Khata
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No.288, for the year 2021-22 to 2024-25 measuring 2 acre 05 guntas, situated at village Nayakal, Tq. Wadagera, Dist.
Yadgir.
iii. Respondent No.4 is also directed to restore the name of the petitioner as existed earlier in the record of rights within a period of four weeks from the date of receipt of a copy of this order.
Sd/-
(PRADEEP SINGH YERUR) JUDGE
NJ List No.: 2 Sl No.: 4 CT:SI
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