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KARNATAKA HIGH COURT - BENCH AT KALBURAGI
RAMACHANDRA AND ORS – Appellant
Versus
THE STATE OF KARNATAKA AND ORS – Respondent
WP 200407/2021
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WP No.200407/2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION No.200407/2021 (KLR-RR/SUR)
BETWEEN:
1.
RAMACHANDRA
S/o SANGRAM GARAD
AGED ABOUT 76 YEARS
OCC: AGRICULTURE
R/O LAKHANAGAON VILLAGE
TQ: BHALKI
DIST: BIDAR
2.
DEVIDAS
S/O PRABHURAO KUNJIWALE
AGED ABOUT 75 YEARS
OCC: AGRICULTURE
R/O LAKHANAGAON VILLAGE
TQ: BHALKI
DIST: BIDAR
3.
SUSHILABA
W/o DEVIDAS KUNJIWALE
AGED ABOUT 75 YEARS
OCC: AGRICULTURE
R/O LAKHANAGAON VILLAGE
TQ: BHALKI
DIST: BIDAR
4.
DIGAMBAR
S/o PRABHURAO KUNJIWALE
AGED ABOUT 63 YEARS
OCC: AGRICULTURE
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WP No.200407/2021
R/O LAKHANAGAON VILLAGE
TQ: BHALKI
DIST: BIDAR
... PETITIONERS
(BY SRI RAVI B. PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED THROUGH
ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF MINORITY WELFARE
M.S.BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU-560001
2.
THE DEPUTY COMMISSIONER
& PRESIDENT DISTRICT TASK FORCE
COMMITTEE, (WAQF), BIDAR
D.C.OFFICE, BIDAR-585401
3.
THE TAHASILDAR
& MEMBER DISTRICT TASK FORCE
COMMITTEE, (WAQF), BHALKI
TAHASIL OFFICE, BHALKI
DIST: BIDAR-585401
4.
THE KARNATAKA STATE BORAD OF WAKF
“DARUL-A-WAKF”, No.6 CUNNIGHAM ROAD
BENGALURU-560052
REPRESENTED THROUGH ITS
DISTRICT WAKF OFFICER &
MEMBER SECRETARY, DISTRICT TASK FORCE
COMMITTEE, BIDAR-585401.
... RESPONDENTS
(BY SMT. ANURADHA M. DESAI,
GOVT.ADVOCATE FOR R1 TO R3,
SRI. P.S. MALIPATIL, ADVOCATE FOR R4)
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WP No.200407/2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF CERTIORARI TO QUASH THE IMPUGNED PROCEEDINGS
DATED
15-06-2013
PASSED
BY
THE
2ND
RESPONDENT
AUTHORITY AS AT ANNEXURE-E AND ORDER DATED 03.08.2013
BEARING NO. REVENUE/LR/CR/25/2013-14 AS AT ANNEXURE-F
ISSUED BY THE 3RD RESPONDENT AUTHORITY AS ILLEGAL AND
ARBITRARY AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1.
Smt.
Anuradha
M.
Desai,
learned
Government
Advocate accepts notice for respondent No.1, 2 and 3.
Sri P. S. Malipatil, learned counsel accepts notice for
respondent No.4-Wakf Board.
2.
The petitioners are before this Court seeking for
certiorari to quash the proceedings dated 15.06.2013
passed
by
respondent
No.2
and
order
dated
03.08.2013 and a writ of mandamus, directing the
respondent Nos.1 to 3 to delete the name of
respondent No.4-Wakf board in column No.11 and
12/2 of record of rights and mutation extract
pertaining to the land of the petitioners.
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WP No.200407/2021
3.
Petitioner No.1 claims to be the owner in possession of
land in Sy.No.44/1A, 44/1E; petitioner No.2 claims to
be the owner of Sy.No.44/1Ee, 44/2, petitioner No.3
claims to be owner of 44/1Aa and petitioner No.4
claims to be the owner of Sy.No.44/2 all situated at
Lakhangaon village, Taluka Bhalki, District Bidar. The
said lands being as their ancestral patta lands has
been succeeded to by the petitioners and their names
have been reflected in the revenue records from the
year 1998-99.
4.
By way of order dated 09.03.2015, passed by
respondent No.3-Tahsildar without issuing any notice
to the petitioners and or calling for any objection, ehe
names of the petitioners which was already on record
is deleted and the name of respondent No.4-Wakf
Board was entered in the record of rights of above
survey numbers.
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WP No.200407/2021
5.
Sri Ravi B. Patil, learned counsel for the petitioners,
would submit that there is no such right vested with
the respondents to insert the name of respondent No.4
– Wakf Board.
6.
Sri P. S. Malipatil, learned counsel for respondent
No.4, would submit that the entry has been made in
terms of the notification issued in the year 1973
recognising the Wakf to be the owner of the property
and as such, by following the procedure under Rule 6
and Rule 7 of the Karnataka
