W.P.No.204829/2019

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 20^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

WRIT PETITION No.204829/2019 (KLR, RR/SUR)

Between:

1.

Syed Jahangir Pasha,

S/o Syed Habeeb Pasha,

Aged 62 years, Occ: Agriculture,

R/o Ward No.1, Namazgiri Area,

Canal Road, Manvi Taluk-584 123.

2.

Syed Anwar Pasha,

S/o Syed Habeeb Pasha,

Aged 52 years, Occ: Agriculture,

R/o. Ward No.18, behind Adaapurpet School,

Manvi Taluk-584 12.

Dist. Raichur.

3.

Syed Shakeel Ahmed,

S/o Syed Abdul Rasool,

Aged 39 years,

R/o. Bandenawaz Colony,

Dist. Raichur-584 101.

4.

Syed Sohail Ahmed,

S/o. Syed Abdul Rasool,

Aged 31 yeas,

R/o Bandenawaz Colony,

Dist. Raichur-584 101.

W.P.No.204829/2019

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5.

Syed Maheboob Peer,

S/o. Syed Modin Peer,

Aged 59 years, Occ: Agriculture,

R/o. Ward No.18, behind Adaapurpet School,

Manvi Taluk-584 123.

Dist. Raichur.

6.

Syed Nazeer Pasha,

S/o Syed Modin Peer,

Aged 55 years, Occ: Agriculture,

R/o Ward No.18, behind Adaapurpet School,

Manvi Taluk-584 123.

Dist. Raichur.

... Petitioners

(By Sri, Krupa Sagar Patil, Advocate)

And:

1.

The State of Karnataka,

by its Principal Secretary,

Revenue Department,

M.S.Building, Bengaluru-560 001.

2.

The Deputy Commissioner,

Dist. Raichur-584 101.

3.

The Tahasildhar, Manvi,

Taluk Manvi,

Dist. Raichur-584 123.

4.

Karnataka State Board of Awakaf,

No.6, Cunningham Road,

Bengaluru-560 052,

Rept. By its Chief Executive Officer.

... Respondents

(By Sri, Shivakumar R.Tengli, AGA for R1 to R3;

By Sri.P.S.Malipatil, Advocate for R4)

W.P.No.204829/2019

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This Writ Petition is filed under Articles 226 and 227

of the Constitution of India praying to issue:

1.

Issue a writ in the nature of certiorari to quash

the entries made in Column No.11 of ROR vide

Annexure E to E4 removing the name Wakf

property.

2.

Issue any other appropriate writ or order or

direction as this Hon’ble Court deems fit to

grant in the facts and circumstances of the

case in the interest of justice and equity.

This petition coming on for preliminary hearing this

day, the Court made the following:-

ORDER

1.

Sri.Shivakumar

R.Tengli,

learned

Additional

Government Advocate accepts notice for respondent

Nos.1 to 3. Sri. P.S.Mallipatil, learned standing

counsel accepts notice for respondent No.4.

2.

The petitioner is before this Court seeking for a

certiorari to quash the entries made in Column No.11

of the record of rights vide Annexure-E to E4 and

consequently removing the name of respondent No.4

and further re-enter the name of the petitioners in

the said record of rights.

W.P.No.204829/2019

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3.

The case of the petitioners is that petitioners’ father

had been granted land in Sy.No.301/4, 232/2,

301/1, 301/2, 301/4 of Village Manvi and Manvi

Taluk under the Inam Abolition Act, 1974. In the said

proceeding respondent No.4 was also an applicant.

The application filed by the respondent No.4 came to

be

rejected

by

order

dated

23.12.1981.

Consequently the mutation were effected in the

name of petitioners and were recorded as absolute

owners,

in

possession

of

the

said

property.

Subsequently in the year 2018-19 entry has been

made in Column No.11 and the record of rights

including the name of respondent No.4. It is

aggrieved by that the petitioners are before this

Court.

4.

Heard Sri. Krupa Sagar Patil, learned counsel for the

petitioners would submit that once the land has been

granted by the land tribunal in favour of the

petitioners’ father under the Inam Abolition Act and

W.P.No.204829/2019

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the application filed by respondent No.4 has been

rejected, it is not open for respondent No.3 to make

an entry in the name of respondent No.4 in Column

No.11 of the record of rights and as such he submits

that the said entries are required to be d