Citation : 2026 Latest Caselaw 2788 Kant
Judgement Date : 27 March, 2026
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WP No. 102603 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 27TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 102603 OF 2026 (KLR-RR/SUR)
BETWEEN:
SHRI SHIVAPUTTRAPPA HALEHOLI,
SINCE DECEASED BY HIS LR'S.,
1. SMT. YELLAVVA
W/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 81 YEARS,
R/AT: #VILLAGE BUDIHAL,
KONNUR HOBLI,
GADAG DISTRICT-582 206.
2. SMT. SHEKAVVA W/O BASAPPA HADAGALLI
D/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 60 YEARS, VILLAGE BUDIHAL,
KONNUR HOBLI, GADAG DISTRICT-582 206.
Digitally signed
by
PREMCHANDRA
MR 3. SMT. DHAKSHAYANI W/O DUNDAPPA HONGAL
Location: HIGH
COURT OF
KARNATAKA D/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 45 YEARS, VILLAGE BUDIHAL,
KONNUR HOBLI, GADAG DISTRICT-582 206.
4. SHRI MALLAPPA
S/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 42 YEARS, VILLAGE BUDIHAL,
KONNUR HOBLI, GADAG DISTRICT-582 206.
5. SHRI MAHANTESH
S/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 46 YEARS, VILLAGE BUDIHAL,
KONNUR HOBLI, GADAG DISTRICT-582 206.
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WP No. 102603 of 2026
HC-KAR
6. SHRI IRANNA
S/O LATE SHIVAPUTRAPPA HALEHOLI,
AGED 41 YEARS, VILLAGE BUDIHAL,
KONNUR HOBLI, GADAG DISTRICT-582 206.
... PETITIONERS
(BY SRI. SHARATH.P.HANAMARADDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER,
GADAG, MINI VIDANA SOUDHA,
NEAR DISTRICT COURT,
HUBBALLI ROAD, BETAGERI,
GADAG DISTRICT-582 103.
3. THE ASSISTANT COMMISSIONER,
GADAG, ASSISTANT COMMISSIONER OFFICE,
NEAR MULGUND NAKA,
GADAG DISTRICT-583 231.
4. THE TAHSILDAR,
NARGUND TALUK,
TAHSILDAR OFFICE,
MINI VIDHANA SOUDHA,
NARGUND, GADAG DISTRICT-582 207.
5. KARNATAKA STATE BOARD OF WAKF,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
#6, CUNNIGHAM ROAD, VASANTH NAGAR,
BENGALURU-580 031.
... RESPONDENTS
(BY SMT. MALA.B.BHUTE, AGA FOR R1 TO R4;
SRI D.L.LADKHAN, ADVOCATE FOR R5)
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WP No. 102603 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 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.
3. The Writ Petition is filed seeking the following
prayers:
"a) Writ in the nature of certiorari to 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 at Column No.9, 10, 11 and 12 in Record of Rights in Respect of Sy.No.202/1B measuring 1 Acre 08 Guntas situated at Konnur Village, Taluk Nargund, District Gadag as per Annexure-A and
b) Writ in the nature of Mandamus to consequently direct the Respondent No.4 herein to delete the name of Respondent No.5 from revenue entry of subject property and
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HC-KAR
enter the name of Petitioners herein in Column No.9, 10, 11 and 12 in Record of Rights in Respect of Sy.No.202/1B measuring 1 Acre 08 Guntas situated at Konnur Village, Taluk Nargund, District Gadag as per Annexure-C and D in the Revenue Records as they are legal heirs of one Shivputrappa Haleholli in whose name the Revenue entry was standing prior to the impugned mutation entry.
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.202/1B
measuring 01 Acres 08 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
has allowed the Writ Petition and granted the relief to the
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HC-KAR
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, 10, 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.
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.
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HC-KAR
8. Resultantly, the Writ Petition is disposed of.
Sd/-
(JYOTI M) JUDGE
RH LIST NO.: 1 SL NO.: 13
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