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UMADEVI W/O ANAND PATIL – Appellant
Versus
THE STATE OF KARNATAKA AND ORS – Respondent
WP 200924/2021
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF APRIL, 2021
BEFORE
THE HON’BLE MR.JUSTICE M.NAGAPRASANNA
WRIT PETITION No.200924/2021 (KLR-RR-SUR)
BETWEEN
UMADEVI W/O ANAND PATIL
AGE: 47 YEARS, OCC: AGRI
AND HOUSEHOLD
R/O MARCHAD VILLAGE
TQ AND DIST.RAICHUR.
...PETITIONER
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND
1 .
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING
BENGALURU-560 001.
2 .
THE REGIONAL COMMISSIONER
KALABURAGI
DIST. KALABURAGI-585 102.
3 .
THE DEPUTY COMMISSIONER
RAICHUR
DIST. RAICHUR-584 101.
2
4 .
THE ASSISTANT COMMISSIONER
RAICHUR
RAICHUR-584 101.
5 .
THE TAHSILDAR, RAICHUR
DIST. RAICHUR.-584 101.
6 .
THE KARNATAKA STATE BOARD OF WAKFS
“ DARULA A WAKF ” NO.6
CUNNINGHAM ROAD
BENGALURU-560052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
…RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R5;
SRI. P.S. MALIPATIL, ADVOCATE FOR R6)
THIS WRIT PETITOIN IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
THE IMPUGNED EXTRACT OF MUTATION ENTRY BEARING
ENTRY MR. NO.39, 4, 46 AND 44 VIDE ANNEXUR-E IN
RESPECT OF SY.NO.27/* MEASURING 0 ACRE 14 GUNTAS
AND
SY.NO.28/*
MEASURING
1
ACRE
9
GUNTAS
SITUATED AT MARCHAD VILLAGE, KALMALA HOBLI, TALUK
AND DISTRICT RAICHUR WHEREIN THE RESPONDENT
NO.5
ILLEGALLY
ENTERED
THE
NAME
OF
6TH
RESPONDENT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
3
ORDER
Heard Sri Mahantesh Patil, learned counsel
appearing for the petitioners and Sri Shivakumar R.
Tengli,
learned
Additional
Government
Advocate
appearing for the respondents-State and Sri P.S.
Malipatil,
learned
counsel
appearing
for
the
respondent - Wakf.
2.
This petition challenges the action of the
Government in directing the entry of the name of the
6th respondent - Wakf in the Record of Rights of the
lands belonging to the petitioner. The petitioner
claims to be absolute owner in enjoyment and in
actual possession of the land bearing Sy.No.27/*,
measuring 0 acre 14 guntas and 28/*, measuring 1
acre 09 guntas situated at Marchad Village, Kalmal
Hobli, Taluk and District Raichur.
4
3.
The petitioner has come in possession of
the aforesaid lands in those survey numbers by virtue
of sale deed executed in the year 1990. It is the case
of the petitioner that in the Record of Rights the
aforesaid properties from the year 1990-2012 showed
the name of mother of the petitioner. After the death
of the mother-in-law, the name of the petitioner is
entered into in the Record of Rights from 2012 which
are produced as annexures.
4.
Things standing thus, it appears that the
Regional Commissioner issued directions in the year
2017-18
to
the
revenue
authorities,
Deputy
Commissioner and below of Wakf Officers directing the
entry of name of the 6th respondent - Wakf Board in
column No.11 of the Record of Rights and directed
appropriate steps to alter the revenue records
bringing in the name of Wakf to be the owner of the
land in place of the petitioner.
5
5.
All of this done overnight by a stroke of
pen without even issuing notice to the petitioner. The
change of the ownership, came as a bolt from the blue
to the petitioner and is an action which is in blatant
violation of principles of natural justice. 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.
6.
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
has 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 is u
