Sri.Mahantesh Patil, learned counsel for petitioner,

Sri.Shivakumar R.Tengli, learned AGA for respondents 1 to

4 have appeared in person.

Sri.M.Anand Kumar, learned counsel on behalf of

Sri.P.S.Malipatil,

for

respondent

No.5

has

appeared

through video conferencing.

3

Though the matter is listed for preliminary

hearing, with the consent of learned counsel appearing for

parties, the matter is taken up for final hearing.

The Writ Petition is filed challenging the action

of the Government in directing the entry of the name of

respondent No.5 - WAKF in the Record of Rights of lands

belongs to the petitioner.

The petitioner claims to be absolute owner and in

possession of the land bearing Sy.No.7/1, measuring 7

acres situated at Maski Village, Raichur District.

The above said land was standing in the name of the

father of petitioner namely, Kareemsab S/o.Raj Ahmed

along with other relatives. The father of the petitioner had

applied for grant of land in respect of the said land and

other such lands. The Land Tribunal, Lingasugur in file

No.KLRM/INM/7, 9, 24, 19, 25, 26 & 10/Maski/1980-81

passed an order granting occupancy rights in favor of

4

petitioner's father along with others in respect of land

bearing Sy.No.7/1 of Maski.

After the demise of the father of petitioner, the name

of the mother of petitioner was entered in the relevant

revenue records. Thereafter, property is mutated in the

name of the petitioner in the revenue records. The latest

revenue records also shows that the name of petitioner is

also entered in respect of land bearing Sy.No.7/1 to the

extent of 7 acres for the year 2017-18.

As things stood thus, it appears that the Regional

Commissioner issued direction in the year 2018-19 to the

Revenue Authorities, Deputy Commissioner and below of

Wakf Officers directing the entry of name of the

respondent No.5 -WAKF Board in column No.11 of Record

of Rights and directed appropriate steps to alter revenue

records bringing in the name of WAKF to be the owner of

land in place of petitioner as per the Gazette Notification.

5

The grievance of the petitioner is that the entry of

the name of WAKF Board in column No.11 is opposed to

the principles of natural justice as no notice was issued to

the petitioner before effecting change of entries. As the

petitioner had a right after her name being entered in the

Record of Rights which could not have been taken away

except after following principles of natural justice.

Plethora of Writ Petitions are filed before this Court

raising identical issues and this Court has in one of the

cases held as follows;

"13. In the present case, all these

aspects have been violated merely because the

Wakf Board has sent a request to the

respondent No.5 to enter the name of the

Walkf Board in Column 11. Such a process and

procedure are unknown to law. Once a name of

the third party is entered in the revenue

records, if the Wakf Board seeks to get its

name in the records, the Wakf Board is

required to follow the process and procedure

under the Land Revenue Act including Section

136 of the said Act. Further more, the

6

Tahsildar is required to follow the procedure

under rule 128 and 129 of the Land Revenue

Rules before making any change. None of

these are followed in the present case.

14.

There is highhandedness in the

matter in which Wakf Board wrote a letter to

the

Tahsildar.

The

Tahsildar

has

blindly

considered the request of the Wakf Board and

acted on.

15.

In view thereof and since there is a

serious lapse of procedural aspect, a certiorari

is issued quashing the order dated 19.09.2018

inserting the name of the Wakf Board in

Column

11

of

the

records

of

rights.

Consequently, a mandamus is issued directing

the respondent No.5 - Tahsildar, Manvi to

delete the name of respondent No.6 within a

period of four weeks from the date of receipt of

certified copy of the order. Liberty is reserved

to respondent No.6 - Wakf Board to follow the

applicable law and due procedure of law if at

all it has any right, titl