IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105273 OF 2023 (GM-WAKF)

BETWEEN:

BABA S/O. WAZIRSAB DAFEDAR, AGE: 43 YEARS, OCC:AGRICULTURE, R/O. DIDDIKERA ONI, KOPPAL-583231, TQ/DIST. KOPPAL.

…PETITIONER (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

AND:

1. THE CHIEF ADMINISTRATIVE OFFICER, KARNATAKA STATE BOARD OF AUQAF, DARUL AWKAF, #6, CUNNINGHAM ROAD, BANGALORE-560052.

2. THE DISTRICT AUQAF OFFICER, DISTRICT AUQAF ADVISORY COMMITTEE, Digitally signed by KOPPAL-583231, RAKESH S HARIHAR TQ/DIST. KOPPAL.

L C o o c u a r t t i o o n f : High Karnataka, 3. THE TAHASILDAR Dharwad Bench, Dharwad KOPPAL TALUKA, KOPPAL-583231, TQ/DIST. KOPPAL.

…RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA FOR R3;

SRI. D.L. LADKHAN, ADVOCATE FOR R1;

R2-SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:

I) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE BEARING NO.KSBA/ENQ-52/03/KPL/2023 DATED 01.02.2023 ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-A.

II) ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO DELETE THE CONDITION ENTERED IN COLUMN NO.11 OF THE RECORD OF RIGHTS OF THE PETITION PROPERTY BEARING SY.NO.8/6 MEASURING 38 GUNTAS EXCLUDING 02 GUNTAS OF PHOT KHARAB LAND SITUATED AT HUVINAHAL VILLAGE OF TQ AND DIST.KOPPAL AND TO ISSUE FRESH RECORD OF RIGHTS IN FAVOUR OF THE PETITIONER AS PER ANNEXURE-B.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

The petitioner is before this Court calling in question a notice dated 01.02.2023 by which the petitioner is directed to appear before the Wakf Board to establish as to why the sale that has happened in contravention of Section 52 of the Waqf Act should not be annulled.

2. Heard the learned counsel Sri.Shriharsh A.

Neelopant, appearing for the petitioner, the learned counsel Sri.D.L. Ladkhan for respondent No.1 and the learned AGA for respondent No.3.

3. Facts in brief germane are as follows.

The petitioner is said to be the absolute owner in possession of the property in Survey No.8/6 measuring 38 guntas situated in Huvinahal village of Taluk and District Koppal, in terms of a registered sale deed dated 30.07.2020 executed by one Budnesab S/o Khadarsab Malipatil. A little history to the case is that the Land Tribunal considering the claim and possession of Khadarsab on the subject property under Service Inam or Khidmati Inam passes an order in terms of Section 19(1) of the Karnataka Land Reforms Act by holding an inquiry with regard to concerning 13 acres and 08 guntas. It is later the father of the vendor of the petitioner gets the rights from the hands of the Land Tribunal for being an occupant of the land on 18.05.1981. It is then the sale has taken place to the hands of the petitioner from the vendor. The Waqf Board issues a notice on 01.02.2023 seeking to conduct an enquiry under Section 52 of the Waqf Act on the score that the sale that has taken place from the vendor to the petitioner being in contravention of the provisions of the Waqf Act. The notice so issued under Form No.60 is what has driven the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner submits that they have submitted their reply to the notice and since it was without jurisdiction has approached this Court in the subject petition.

5. The learned counsel further submits that overnight the name of Waqf was entered in Column No.11 of the record of rights without any rhyme or reason or the Waqf Board having no right or interest in the property having no right for such entry.

6. Per contra, the counsel Sri. D.L. Ladkan would seek to defend the action contending that it is only a notice that is given under Form No.60 and it is for the petitioner