[Cites 2, Cited by 0]
Karnataka High Court
Shayada Begum And Ors vs State Of Karnataka And Ors on 5 February, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:1031
WP No. 200322 of 2025
HC-KAR
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.200322 OF 2025 (KLR-RR/SUR)
BETWEEN:
1. MRS. SHAYADA BEGUM
W/O MOHAMMED GOUSE,
AGED ABOUT 41 YEARS, OCC: BUSINESS
RESIDING AT JERATGI,
TQ. JEWARGI, DIST. KALABURAGI-585310.
2. MR. MOHAMMED RAFIQ
S/O USMAN SAB MULLA,
AGED ABOUT 47 YEARS, OCC: BUSINESS
RESIDING AT TIPPU SULTAN CHOWK
WARD NO.16 WADI,
TQ. CHITTPUR DIST. KALABURAGI-585225.
3. MR. MOHAMMED AZIZ
Digitally signed S/O USMAN SAB MULLA,
by RENUKA
Location: HIGH AGED ABOUT 44 YEARS, OCC: BUSINESS
COURT OF RESIDING AT 11/70, WARD NO.16,
KARNATAKA NEAR TIPPU SULTAN CHOWK
KAMALIBABA DARGA AREA, WADI
TQ. CHITTAPUR DIST. KALABURAGI-585225.
4. MR. MOHAMMED SALEEM
@MOHAMMED SALEEMMULLA
S/O USMAN SAB,
AGED ABOUT 42 YEARS, OCC: BUSINESS
RESIDING AT NEAR CHUMANI MOHALLA KOUDI
PIRA AREA, NAIKAL
TQ. SHAHAPUR DIST. YADGIR-585319.
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5. MR. MOHAMMED ALEEM @MOHAMED ALEEMMULLA
S/O USMAN SAB,
AGED ABOUT 37 YEARS, OCC: BUSINESS
RESIDING AT TIPPU SULTAN CHOWK, WADI,
TQ. CHITTAPUR, DIST. KALABURAGI-585225.
...PETITIONERS
(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,
DR. B. R. AMBEDKAR VEEDHI,
BANGALORE-560001.
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
DIST. YADAGIR-585355.
5. KARNATAKA STATE BOARD OF AUQAF
REPRESENTED BY ITS CEO, DARUL AUQAF 6,
CUNNINGHAM ROAD, VASANTH NAGAR,
BANGALORE-560051.
...RESPONDENTS
(BY SRI. VIRANAGOUDA M. BIRADAR, AGA FOR R1 TO R4;
SRI. MD. ZULFIQAR, ADVOCATE FOR R5)
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WP No. 200322 of 2025
HC-KAR
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;
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/*/ ªÀÄįÁè£À ºÉƯÁ5,
KHATA NO.2501 FROM THE YEAR 2019-20 TO 2023-24 AND SY
NO. 152/*/5, KHATA No.156, FOR THE YEAR 2024-25,
MEASURING TOTAL 5 ACRE 21 GUNTAS INCLUDING NET
CULTIVABLE 5 ACRE 18 GUNTAS, SITUATED AT VILLAGE
NAYAKAL, TQ WADEGERA DIST YADGIRI VIDE ANNEXURE-C TO
C4 AND ANNEXURE-E. 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, SY NO.152/*/ ªÀÄįÁè£À ºÉƯÁ5, KHATA NO. 2501
FROM THE YEAR 2019-20 TO 2023-24 AND SY NO.152/*/5,
KHATA NO. 156, FOR THE YEAR 2024-25 MEASURING TOTAL 5
ACRE 21 GUNTAS INCLUDING NET CULTIVABLE 5 ACRE 18
GUNTAS SITUATED AT VILLAGE NAYAKAL, TQ WADAGERA,
DIST. YADGIRI VIDE ANNEXURE-C TO C4 AND ANNEXURE-E.
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
ORAL ORDER
Heard the learned counsel for the petitioners.
2. This petition is filed seeking the following
reliefs:
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"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/*/ ªÀÄįÁè£À ºÉƯÁ5, Khata No.2501 from
the year 2019-20 to 2023-24 and Sy No. 152/*/5, Khata
No. 156 for the year 2024-25, measuring total 5 acre 21
Guntas including Net Cultivable 5 Acre 18 Guntas,
situated at village Nayakal, Tq. Wadegera Dist Yadgiri
vide Annexure-C to C4 and Annexure-E.
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/*/ ªÀÄįÁè£À ºÉƯÁ5, Khata
No. 2501 from the year 2019-20 to 2023-24 and Sy
No.152/*/5, Khata No. 156, for the year 2024-25
measuring total 5 Acre 21 Guntas including net cultivable
5 acre 18 Guntas situated at village Nayakal, Tq
Wadagera, Dist. Yadgiri vide Annexure-C to C4 and
Annexure-E.
c) Grant costs,
d) Such other relif/s as this Hon'ble Court may deem fit to
grant in the circumstance of the case and in the interest
of justice of 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. It is the case of the petitioners that initially the
Mashaq Sab S/o Maktum Sab was the absolute owner and
possessor of the land bearing Sy No.152/*/ ªÀÄįÁè£À ºÉƯÁ5,
Khata No.2501, measuring total 5 acres 21 guntas
including 5 acre 18 guntas, situated at village Nayakal, Tq.
Wadegara, Dist. Yadgir. It is their contention that later in
the year 2018-19 in column No.11 of RTC of land bearing
Sy No.152/*/ ªÀÄįÁè£À ºÉƯÁ5, name is entered as "Wakf
Organization and Wakf Board Bangalore" by way of
mutation bearing No.T39 dated 11.01.2019 without giving
any notice or conducing any enquiry and the same is
continued till 2021-22. In the year 2022-23 the Revenue
department allotted new Hissa number of Sy No.152/*/
ªÀÄįÁè£À ºÉƯÁ5, Khata No.2501 as Sy.No.152/*/5, Khata
No.2501. In the year 2024-25 the said land was mutated
in the name of the petitioners by way of mutation bearing
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HC-KAR
No. MR No.H5/2024-2025 dated 25.07.2024. But, the
entry in column No.11 of Joint Owner RTC of said land,
name of "Wakf Organization and Wakf Board Bangalore" is
continued till date. Being aggrieved by the same, the
petitioners are 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
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HC-KAR
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 ºÉƯÁ5,
Khata No.2501 from the year 2019-20 to
2023-24 and Sy.No.152/*/5, Khata
No.156, for the year 2024-25 measuring 5
acre 21 guntas including net cultivable 5
acre 18 guntas, situated at village Nayakal,
Tq. Wadagera, Dist. Yadgir.
iii. Respondent No.4 is also directed to restore
the name of the petitioners 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.: 7
CT:SI
