Nisar Ahmad Kalaburgi vs The State Of Karnataka
2026 Latest Caselaw 2358 Kant

Karnataka High Court

Nisar Ahmad Kalaburgi vs The State Of Karnataka on 16 March, 2026

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                                                          NC: 2026:KHC-D:4081
                                                       WP No. 100853 of 2021


                    HC-KAR




                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                        DATED THIS THE 16TH DAY OF MARCH, 2026
                                         BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI M
                    WRIT PETITION NO. 100853 OF 2021 (LB-RES)
                   BETWEEN:

                   1.    NISAR AHMAD KALABURGI,
                         AGE. 41 YEARS, OCC. AGRICULTURE,
                         R/O. JAKATI ONI, BANKAPUR-581 202,
                         TQ. SHIGGAON, DIST. HAVERI.

                   2.    MAHABUBASAB S/O ABDULKHADAR JAKATI,
                         AGE. 53 YEARS, OCC. AGRICULTURE,
                         R/O. JAKATI ONI, BANKAPUR-581 202,
                         TQ. SHIGGAON, DIST. HAVERI.

                   3.    SATTARSAB S/O MADARSAB BAGHWAN,
                         AGE. 50 YEARS, OCC. AGRICULTURE,
                         R/O. JAKATI ONI, BANKAPUR-581 202,
                         TQ. SHIGGAON, DIST. HAVERI.

                   4.    BABUSAB S/O MUNAFSAB MAKANDAR,
                         AGE. 53 YEARS, OCC. AGRICULTURE,
Digitally signed
                         R/O. JAKATI ONI, BANKAPUR-581 202,
by
PREMCHANDRA
MR
                         TQ. SHIGGAON, DIST. HAVERI.
Location: HIGH
COURT OF
KARNATAKA
                   5.  ABDULSATTAR S/O ALLABAKSHA KONDAVAD,
                       AGE. 54 YEARS, OCC. AGRICULTURE,
                       R/O. JAKATI ONI, BANKAPUR-581 202,
                       TQ. SHIGGAON, DIST. HAVERI.
                                                          ... PETITIONERS
                   (BY SRI. CHETAN MUNNOLI, ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA,
                         THE REVENUE DEPARTMENT,
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                                       NC: 2026:KHC-D:4081
                                  WP No. 100853 of 2021


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     M.S. BUILDING, AMBEDKAR VEEDHI,
     BENGALURU-560 001,
     REPRESENTED BY ITS SECRETARY.

2.   TOWN MUNICIPAL COUNCIL, BANKAPUR,
     TQ. SHIGGAON, DIST. HAVERI-581 110,
     REPRESENTED BY ITS CHIEF OFFICER.

3.   KARNATAKA STATE BOARD OF WAKFS,
     DISTRICT ADMINISTRATIVE COMPLEX,
     'A' BLOCK, 1ST FLOOR, DEVAGIRI,
     TQ. AND DIST. HAVERI-581 110,
     REPRESENTED BY DISTRICT WAKF OFFICER.

4.   KARNATAKA STATE BOARD OF WAKF,
     'DARUL AWKAF', NO.6,
     CUNNINGHAM ROAD,
     BENGALURU-560 052,
     REPRESENTED BY CHIEF EXECUTIVE OFFICER.

5.   TAHSILDAR ONI JAMAT (SUNNI),
     JAKATI ONI, BANKAPUR,
     TQ. SHIGGAON, DIST. HAVERI-581 202,
     REPRESENTED BY ITS MUTUVALLI/PRESIDENT.

                                           ... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
 SRI. D.L. LADKHAN, ADVOCATE FOR R4;
 SRI. D.M. MALLI, ADVOCATE FOR R5;
 NOTICE TO R2 TO R3 IS SERVED AND UNREPRESENTED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.

    THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
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                                                NC: 2026:KHC-D:4081
                                             WP No. 100853 of 2021


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                           ORAL ORDER

Sri.Chetan Munnoli., counsel for the petitioners,

Sri.P.N.Hatti., HCGP for respondent No.1-State and

Sri.D.L.Ladkhan., counsel for respondent No.4 have appeared in

person.

2. The Writ petition is filed seeking the following reliefs:

a) "Issue a writ or order or direction in the nature of Certiorari quashing the Notice dated

03.03.2021 issued by Respondent No.2 to Petitioner No.1 vide No.PuSaBam/Kam.Vi/VaHi/2020-21/199 produced as per ANNEXURE-A, to Petitioner No.2 vide PuSaBam/Kam.Vi/VaHi/2020-21/200 produced as per ANNEXURE-A1, to Petitioner No.3 vide PuSaBam/Kam.Vi/VaHi/2020-21/201, produced as per ANNEXURE-A2, to Petitioner No.4 vide PuSaBam/Kam.Vi/VaHi/2020-21/202 produced as per ANNEXURE-A3, and to Petitioner No.5 vide PuSaBam/Kam.Vi/VaHi/2020-21/203 produced as per ANNEXURE-A4, and the Endorsement dated 05.03.2021 issued by Respondent No.2 vide No.PuSaBam/Kam.Vi/VaHi/2020-21 to Petitioner No.1 produced as per ANNEXURE-B, vide No.PuSaBam/Kam.Vi/VaHi/2020-21 to Petitioner No.2 produced as per ANNEXURE-B1. AND

b) Issue any other writ or direction which this Hon'ble deems fit to meet the ends of justice."

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3. Counsel for the respective parties urged several

contentions. Heard the arguments and perused the papers with

care.

4. A notice was issued for eviction alleging that the

petitioners are in unauthorised occupation of the subject land.

The petitioners' grievance is that they were not heard and

principles of natural justice have not been adhered to.

5. Taking note of the said submission, the petitioners

are at liberty to submit a suitable reply to the notice dated

03.03.2021 within a period of four weeks from the receipt of a

certified copy of this order and thereupon, the authority

concerned is directed to consider the reply and pass an order in

accordance with law.

6. As there is an interim order staying the impugned

order, the same shall continue to operate until the passing of an

order by the authority concerned.

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7. With above observations, the writ petition stands

disposed of. Needless to observe that this Court has not

expressed any opinion on the merits of the case.

Sd/-

(JYOTI M) JUDGE

AM/-

LIST NO.: 1 SL NO.: 80