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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.
-3-
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