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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.202108/2022 (KLR-RR-SUR)
Between:
Lalitabai W/o Late Vaijinath
Age: 56 years, Occ: Agriculture
R/o Hudgi Village, Tq. Humnabad
Dist. Bidar
... Petitioner
(By Sri Nagaraj Patil, Advocate)
And:
1.
The State of Karnataka
Department of Revenue,
Represented by its Secretary
M.S.Building, Bengaluru-560001.
2.
The Regional Commissioner
Kalaburagi-585102
3.
The Deputy Commissioner,
Bidar, District Bidar-585 401
4.
The Assistant Commissioner
Bidar, Dist. Bidar-585 401
5.
The Tahasildar, Humnabad,
Dist. Bidar-585 330
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6.
The Karnataka State Board of Wakfs,
"Darula A Wakf" No.6, Cunningham Road
Bangalore-560 052. 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 Petition is filed under Articles 226 and 227
of the Constitution of India, praying to quash the entries in
the name of sixth respondent at Annexures-E and E1
entries in the ROR for the year 2021-22 & 2022-23 in
respect of land Sy.No.261/*/1 measuring 02 acres 01
guntas
vide
No.M.W.D:20/WE.S/2013
dated
10.05.2013 at column No.11 of ROR, standing in the name
of petitioner situated at Hudgi Village, Humnabad Taluka,
Bidar District showing the name of sixth respondent in the
record of rights and etc.
This petition coming on for Preliminary Hearing this
day, the Court made the following:
ORDER
The petitioner has filed the instant writ petition
seeking for the following reliefs:
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"I) Issue a Writ in the nature of the
certiorari and to quash the entries in the
name of 6th respondent at Annexure-E and
E1 entries in the ROR for year 2021-22 &
2022-23 in respect of land Sy.No.261/*/1
measuring 02 acres 01 guntas vide order
No.M.W.D:20/WE.S/2013 dated 10-05-2013
at column No.11 of ROR, standing in the
name of petitioner situated at Hudgi Village,
Humnabad taluka, Bidar District showing the
name of 6th Respondent in the Record of
Rights.
II) Issue a writ in the nature of
Mandamus directing the respondent Nos. 1
to 5 to restore the name of petitioner in the
Record
of
Rights
of
land
bearing
Sy.
No.261/*/1 measuring 02 acres 01 guntas,
situated at Hudgi Village, Humnabad taluka,
Bidar District.
III) Pass any such other order, as this
Hon'ble Court deemed fit and proper, under
the facts and circumstances of the case, in
the interest of justice and equity. "
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2.
It is the case of the petitioner that originally
Ismailsab and Mastansab were the joint owners of the
land in Sy.No.261/1 measuring 4 acres 2 gunats of
Hudgi village, Tq. Humnabad, Dist. Bidar. Since the said
land was their ancestral property, the revenue records
were mutated in their names. After the death of
Mastansab, there was a family arrangement among the
family members wherein land in Sy.No.261/1 was
divided among them and the name of Amina bee W/o
Mastansab appeared in the ROR in respect of land
bearing Sy.No.261/1A measuring 02 acres 01 guntas.
In the meanwhile, the said land was purchased by the
mother-in-law
of
petitioner,
Sugamma
W/o Shivalingappa Meldoddi and her name was entered
in the revenue records. After the death of Sugamma,
name of the petitioner was entered into the revenue
records as owner and possessor of the land bearing
Sy.No.261/*/1
measuring
02
acres
01
guntas.
Thereafterwards, without issuing notice to the petitioner,
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the entries in the revenue records of the land in
question were mutated in the name of the sixth
respondent. Being aggrieved by the same, the petitioner
has preferred this writ petition.
3.
The
learned
counsel
for
the
petitioner
submits that the name of the sixth respondent has been
entered in the revenue records of the land in question
without
notice
to
the
petitioner.
In
identical
circumstances, this Court in W.P.No.200852/2022 and
W.P.No.200854/2022 had allowed the writ petitions
deleting the name of the sixth respondent-Wakf Board
from Column No.11 of the record of rights.
4.
The learned Additional Government Advocate
appearing for respondent Nos.1 to 5 and the learned
counsel for respondent No.6 do not dispute the said
submission made by the learned counsel for the
petitioner.
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5.
Under
the
circumstances,
in
order
to
maintain parity, even this writ petition can be disposed
of in terms of the order passed by this Court in
W.P.No.200852/2022
and
W.P.No.200854/2022
disposed of on 08.06.2022. Accordingly, I pass the
following:
ORDER
The writ petition is allowed.
The entries made in the name of the sixth
respondent in Column No.11 of the record of rights in
respect of land bearing Survey No.261/*/1 measuring 2
acres 01 gunta situated at Hudgi Village, Humnabad
Taluk, Bidar District, vide Annexures-E and E1 is
quashed.
The matter is remitted back to the fifth respondent
- Tahsildar, who shall issue notices to all the interested
parties relating to the land in question and after holding
an enquiry shall proceed to pass orders in accordance
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with Sections 127 and 128 of the Karnataka Land
Revenue Act, 1964.
The learned Additional Government Advocate
appearing for respondent Nos.1 to 5 and the learned
counsel
