Citation : 2026 Latest Caselaw 911 Kant
Judgement Date : 5 February, 2026
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NC: 2026:KHC-K:1030
WP No. 200324 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.200324 OF 2025 (KLR-RR/SUR)
BETWEEN:
MR. GOUSE S/O KHAJA HUSSAIN SAB,
AGED ABOUT 39 YEARS, OCC: AGRICULTURE
NEAR HUDA MASJID, MUSTAFA JEWELLERS,
WARD NO.1, SINDHANUR DIST. RAICHUR-584128.
...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
BANGALORE-560001.
Location: HIGH
COURT OF
KARNATAKA 2. DEPUTY COMMISSIONER, RAICHUR
D. C. OFFICE, SAATH KACHERI,
RAICHUR-584101.
3. ASSISTANT COMMISSIONER, RAICHUR
D. C. OFFICE PREMISES, RAICHUR-584101.
4. TAHSHILDAR, SINDHANUR
TAHASIL OFFICE, SINDHANUR TALUK,
RAICHUR DISTRICT-584128.
5. KARNATAKA STATE BOARD OF AUQAF
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NC: 2026:KHC-K:1030
WP No. 200324 of 2025
HC-KAR
REPRESENTED BY ITS CEO "DARUL AUQAF 6,"
CUNNINGHAM RAOD, VASANTH NAGAR,
BANGALORE-560051.
...RESPONDENTS
(BY SRI. VIRANAGOUDA M. BIRADAR, AGA FOR R1 TO R4;
SRI. NARESH V. KULKARNI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A APPROPRIATE WRIT DIRECTION/S OR ORDER/S. A)
ISSUE APPROPRIATE ORDER/ DIRECTION/ WRIT IN NATURE OF
CERTIORARI TO QUASH THE ENTRY OF "JAMIA MASJID QUILLA
(WAQFH BOARD)" I COLUMN NO.11 OS SY NO.107/*/9 KHATA
NO.10, MEASURING 2 ACRE 00 GUNTAS SITUATED AT VILLAGE
AND TQ. SINDHANUR, DIST RAICHUR VIDE ANNEXURE-C2 TO
C7. B) ISSUE AN APPROPRIATE ORDER/DIRECTION/ WRIT IN
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4
TO DELETE THE ENTRY OF "JAMIA MASJID QUILLA (WAQFH
BOARD)" IN COLUMN NO.11 OF SY NO.107/*/9 KHATA NO.10,
MEASURING TOTAL 2 ACRE 00 GUNTAS SITUATED AT VILLAGE
AND TQ. SINDHANUR DIST. RAICHUR VIDE ANNEXURE-C2 TO
C7.
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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NC: 2026:KHC-K:1030
WP No. 200324 of 2025
HC-KAR
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 entry of "Jamia Masjid Quilla (Waqfh board)" in column no.11 of sy no.107/*/9 khata no.10, measuring 2 acre 00 Guntas situated at Village and Tq. Sindhanur, Dist Raichur vide Annexure-C2 to C7.
b) Issue an appropriate order/direction/ writ in nature of mandamus directing the Respondent no.4 to delete the entry of "Jamia Masjid Quilla (waqfh board)" in column no.11 of sy no.107/* /9 khata no.10, measuring total 2 Acre 00 guntas situated at village and Tq. Sindhanur Dist. Raichur vide Annexure-C2 to C7.
c) Grant costs
d) Such other relief/s as this Honourable Court may deems 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.
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HC-KAR
4. It is the case of the petitioner that he is
absolute owner and possessor of the land bearing
Sy.No.107/*/9, measuring 2 acre 00 guntas situated at
village and Taluk: Sindhanur, Dist: Raichur by way of
registered sale deed dated 05.09.2017. The said land was
mutated in the name of the petitioner herein vide mutation
bearing MR No.H63/2022-23 dated 25.08.2022. Later, in
the year 2019-20 in column No.11 of RTC of said land
name is entered as "Jamia Masjid Quilla (Waqfh board)"
and the same is continued till today. 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.
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:
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HC-KAR
ORDER
i. The petition is disposed of.
ii. 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.107/*/9, Khata No.10, measuring 2 acre 00 guntas situated at village and Taluk: Sindhanur, Dist: Raichur.
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.: 8 CT:SI
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