[Cites 2, Cited by 0]
Karnataka High Court
Smt. Bharathi W/O Basappa Chulaki vs The State Of Karnataka on 13 March, 2026
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NC: 2026:KHC-D:4006
WP No. 102330 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 102330 OF 2026 (KLR-RR/SUR)
BETWEEN:
1. SMT. BHARATHI W/O BASAPPA CHULAKI,
AGED 40 YEARS, R/AT: #72,
NEAR PIDIMARADAMMA TEMPLE,
VILLAGE BUDIHAL,
KONNUR HOBLI,
GADAG DISTRICT-582206.
2. SMT. IRAVVA W/O. GADIGEPPA CHULAKI,
AGED 82 YEARS, R/AT: #72,
NEAR PIDIMARADAMMA TEMPLE,
VILLAGE BUDIHAL,
KONNUR HOBLI,
GADAG DISTRICT-582206.
...PETITIONERS
(BY SRI. SHARATH.P.HANAMARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed REPRESENTED BY ITS PRINCIPAL SECRETARY,
by
PREMCHANDRA DEPARTMENT OF REVENUE,
MR
Location: HIGH VIDHANA SOUDHA,
COURT OF
KARNATAKA BENGALURU-560001.
2. THE DEPUY COMMISSIONER,
GADAG, MINI VIDHANA SOUDHA,
NEAR DISTRICT COURT,
HUBBALLI ROAD, BETAGERI
GADAG DISTRICT 582103.
3. THE ASSISTANT COMMISSIONER,
GADAG, ASSISTANT COMMISSIONER OFFICE,
NEAR MULGUND NAKA,
GADAG DISTRIC 583231.
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NC: 2026:KHC-D:4006
WP No. 102330 of 2026
HC-KAR
4. THE TAHSILDAR,
NARGUND TALUK,
TAHSILDAR OFFICE,
MINI VIDHANA SOUDHA,
NARGUND, GADAG DISTRICT-582207.
5. KARNATAKA STATE BOARD OF WAKF,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
#6, CUNNIGHAM ROAD,
VASANTH NAGAR,
BENGALURU-580031.
...RESPONDENTS
(BY SMT. MALA.B.BHUTE, AGA FOR R1 TO R4;
SRI. D.L.LADKHAN, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING,
THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Counsel Sri.Sharath P.Hanamaraddi., for the petitioners
and Smt.Mala B.Bhute., AGA for respondents 1 to 4 have
appeared in person.
2. Though the petition is listed for preliminary hearing,
with consent, it is heard finally.
3. The Writ Petition is filed seeking the following
prayers:
"a) Quash the mutation entry MR.H22/2019-20 dated
30.07.2019 carried out by Tahsildar/Respondent
No.4 herein in the name of Respondent No.5 herein
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HC-KAR
at Column No.9, 10, 11 and 12 in Record of Rights in
Respect of Sy.No. 202/1A measuring 3 Acre 07
Guntas situated at Konnur Village, Taluk Nargund,
District Gadag as per Annexure-A and
b) Consequently direct the Respondent No.4 herein to
delete the name of Respondent No.5 from revenue
entry of subject property and restore the name of
Petitioners in Column No. 9, 10, 11 and 12 in Record
of Rights in Respect of Sy. No. 202/1A measuring 3
Acre 07 Guntas situated at Konnur Village, Taluk
Nargund, District Gadag as per Annexure-B in the
Revenue Records.
c) Pass such other writ or directions or orders, as this
Hon'ble Court deems fit to grant in the facts and
circumstances of the case, in the interest of justice
and equity."
4. The captioned Writ Petition is filed challenging the
entries made in the name of fifth respondent i.e., Karnataka
State Board of Wakf in respect of land bearing Sy.No.202/1A
measuring 03 Acres 07 Guntas situated at Konnur Village,
Nargund Taluk, Gadag District. The Writ of Mandamus is also
sought to delete the name of the fifth respondent in Column
Nos.9, 10, 11 and 12 of Record of Rights.
5. This Court has noticed that above said entries are
made in violation of principles of natural justice and procedure
contemplated under the Karnataka Land Revenue Act, 1964.
Under similar circumstances, the Co-ordinate Bench of this Court
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HC-KAR
has allowed the Writ Petition and granted the relief to the
petitioner in W.P.No.200105/2023. The petitioners are also
similarly placed.
6. The Tahasildar - fourth respondent is directed to
delete the name of Karnataka State Board of Wakf in Column
Nos.09, 11 and 12 of the Record of Rights of the petition
property within two months from the receipt of the certified copy
of this order and to restore the entry in respect of petition
property as it stood earlier to impugned entry.
However, it is made clear that this Court has not expressed
any opinion on the rights of the petitioners and contesting
respondents.
The Tahasildar may initiate proceedings for effecting
changes in the property records, if so advised in accordance with
the law. In such an event, the Tahasildar shall issue notice to the
petitioners and Karnataka State Board of Wakf before proceeding
further in the matter.
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HC-KAR
7. The impugned mutation bearing No.MR.H22/2019-20
dated:30.07.2019 made in the Record of Rights vide Annexure-A
is quashed.
8. Resultantly, the Writ Petition is disposed of.
Sd/-
(JYOTI M)
JUDGE
RH
List No.: 1 Sl No.: 16
