[Cites 2, Cited by 0]
Karnataka High Court
Ibrahim Sab vs State Of Karnataka And Ors on 5 February, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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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.200317 OF 2025 (KLR-RR/SUR)
BETWEEN:
MR. IBRAHIM SAB, S/O KHASIM SAB,
AGED ABOUT 61 YEARS, OCC: BUSINESS
RESIDING AT 5/10/1, NAIKAL,
TQ. WADAGERA 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,
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DIST. YADGIR-585355.
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. MD. ZULFIQAR 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 SY NO. 152/*/4, KHATA
NO.343, MEASURING TOTAL 5 ACRE 21 GUNTAS INCLUDING
NET CULTIVABLE 5 ACRE 17 GUNTAS, SITUATED AT VILLAGE
NAYAKAL TQ, WADAGERA, DIST. YADGIR VIDE ANNEXURE-C
TO C5.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 SY NO.152/*/4,
KHATA NO.343, MEASURING TOTAL 5 ACRE 21 GUNTAS
INCLUDING NET CULTIVABLE 5 ACRE 17 GUNTAS, SITUATED
AT VILLAGE NAYAKAL, TQ WADAGERA, DIST YADGIR VIDE
ANNEXURE-C TO C5.
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 Sy No. 152/*/4, Khata No.343,
measuring total 5 Acre 21 Guntas including Net Cultivable
5 Acre 17 Guntas, situated at village Nayakal Tq,
Wadagera, Dist. Yadgir vide Annexure-C to C5.
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 sy no.152/*/4, Khata No.343,
measuring total 5 Acre 21 Guntas including Net Cultivable
5 Acre 17 Guntas, situated at village Nayakal, Tq
Wadagera, Dist Yadgir vide Annexure-C to C5.
c) Grant costs.
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."
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3. With the consent of learned counsel appearing
for both the parties, the matter is taken up for final
disposal.
4. The case of the petitioner is that he is absolute
owner and possessor of the land bearing Sy.No.152/*/4,
Khata No.343, measuring total 5 acre 21 guntas including
net cultivable 5 acre 17 guntas, situated at village
Nayakal, Tq. Wadagera, Dist. Yadgir. He contends that
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 till today, same is continued. Being
aggrieved by the same, 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.
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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/*/4, Khata No.343,
measuring total 5 acre 21 guntas, including
net cultivable 5 acre 17 guntas, situated at
village Nayakal, Tq. Wadagera, Dist.
Yadgir, vide Annexures-C to C5.
iii. Respondent No.4 is also directed to restore
the name of the petitioner as existed
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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.: 6
CT:SI
