Mohammed Sadiq Ali vs The State Of Karnataka And Ors on 20 February, 2024

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Karnataka High Court

Mohammed Sadiq Ali vs The State Of Karnataka And Ors on 20 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                -1-
                                                      NC: 2024:KHC-K:1634
                                                       WP No. 200531 of 2024




                             IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                        DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                          BEFORE
                         THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      WRIT PETITION NO.200531 OF 2024 (KLR-RR/SUR)
                BETWEEN:

                MOHAMMED SADIQ ALI,
                S/O LATE MOHAMMED RAHAMAN ALI,
                AGE: 60 YEARS, OCC: AGRICULTURE,
                R/O GILESUGUR,
                TQ. AND DIST. RAICHUR-584 101.
                                                                ...PETITIONER
                (BY SRI.ANNARAYA M.PATIL., ADVOCATE)

                AND:

                1.     THE STATE OF KARNATAKA
                       BY ITS SECRETARY,
                       REVENUE DEPARTMENT,
                       M.S.BUILDING, BENGALURU-560 001.
Digitally signed by
THEJASKUMAR N 2.       DEPUTY COMMISSIONER,
Location: High         RAICHUR-584 101.
Court Of
Karnataka
                3.     THE TAHASILDAR,
                       RAICHUR, TQ. RAICHUR,
                       DIST. RAICHUR-584 101.

                4.     KARNATAKA STATE WAKF BOARD,
                       NO.6, CUNNINGHAM ROAD,
                       VASANT NAGAR, BENGALURU-560 051.
                       REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
                                                           ...RESPONDENTS
                (BY SRI.VEERANAGOUDA MALIPATIL., HCGP FOR R1 TO R3;
                    SRI.NARESH V.KULKARNI., ADVOCATE FOR R4)
                                   -2-
                                           NC: 2024:KHC-K:1634
                                             WP No. 200531 of 2024




      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

      THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:


                               ORDER

Sri.Annaraya M.Patil., learned counsel for the petitioner

and Sri.Veeranagouda Malipatil., learned HCGP for respondents

1 to 3 have appeared in person.

2. Though the petition is listed today for preliminary

hearing, with the consent of the learned counsel for the

respective parties, it is heard finally.

3. The captioned Writ Petition is filed challenging the

entries made in the name of fourth respondent i.e., Karnataka

State Wakf Board in respect of land bearing Sy.No.18/2

measuring 04 Acres 19 Guntas situated at Gillesugur village,

Raichur Taluk and Raichur District.

4. Learned counsel for the petitioner and the

respondents have urged several contentions. Heard, the

contentions urged on behalf of the respective parties and

perused the Writ papers with utmost care.
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NC: 2024:KHC-K:1634
WP No. 200531 of 2024

A perusal of the Writ Petition would indicate that the

revenue authorities have not followed the principles of natural

justice before incorporating the name of Wakf Board in the

revenue records pertaining to the land belonging to the

petitioner.

5. In that view of the matter, without expressing any

opinion on the merits of the case, the matter is remitted to the

third respondent-Tahsildar to consider the plea made by the

petitioner in accordance with the law and thereafter, take

appropriate action in the matter. The respondent-Tahsildar is

directed to delete the entry made in the name of Wakf Board in

column No.11 of the record of rights and to restore the name of

the petitioner in the record of rights in respect of the land of

the petitioner, within four weeks from the date of receipt of the

certified copy of this order.

6. Resultantly, the Writ Petition is disposed of.

Sd/-

JUDGE
TKN/VNR
List No.: 1 Sl No.: 6

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