Karnataka High Court
Kasturabai And Ors vs The Govt Of Karnataka And Ors on 18 December, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC-K:9280
WP No. 207286 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.207286 OF 2017 (GM-WAKF)
BETWEEN:
1. KASTURABAI
W/O.SHARANAPPA HUGAR
AGED ABOUT 65 YEARS
OCCUPATION: AGRICULTURE
R/AT INDIRANAGAR, WARD NO.2
AFZALPUR, DIST: KALABURAGI-585 301
2. SARUBAI
D/O.SHARANAPPA HUGAL
AGED ABOUT 27 YEARS
OCCUPATION: AGRICULTURE
R/AT INDIRANAGAR, WARD NO.2
AFZALPUR, DIST: KALABURAGI-585 301
3. GUNDAPPA
Digitally signed by S/O.GIRIDHAR
SACHIN AGED ABOUT 45 YEARS
Location: HIGH
COURT OF OCCUPATION: AGRICULTURE
KARNATAKA R/AT TELLONAGI
TQ. AFZALPUR
DIST: KALABURAGI-585 301
...PETITIONERS
(BY SRI S.S.HALALLI, ADVOCATE)
AND:
1. THE GOVT. OF KARNATAKA
DEPT. OF REVENUE
VIKAS SOUDHA
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NC: 2023:KHC-K:9280
WP No. 207286 of 2017
BENGALURU-560 001
REPT. BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
KALABURAGI DISTRICT
KALABURAGI-585 104
3. THE ASSISTANT COMMISSIONER
KALABURAGI DIVISION
KALABURAGI-585 104
4. THE TAHASILDAR
AFZALPURA TALUKA
AFZALPUR-585 301
5. THE KARNATAKA STATE BOARD OF WAKF
DARUL AWKAF
NO.6, CUNNINGHAM ROAD
BENGALURU-560 052
REPT. BY ITS CHIEF EXECUTIVE OFFICER
6. THE KAZAT (SUNNI)
AFZALPUR
DIST: KALABURAGI-585 301
REPT. BY ITS MANAGER/MUTAVALLI
...RESPONDENTS
(BY SRI G.B.YADAV, HCGP R1 TO R4;
SRI P.S.MALIPATIL, ADVOCATE FOR R5;
SRI MOHD. KHADER KHAN, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE MUTATION ORDER DATED 22.05.2014 VIDE M.R.
NO.H 19/2013-14 VIDE ANNEXURE-J PASSED BY RESPONDENT
NO.4-TAHSILKAR AND FURTHER DIRECT RESPONDENT-
TAHSILKAR TO RETAIN THE NAME OF THE PETITIONERS IN
THE RTC AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-K:9280
WP No. 207286 of 2017
ORDER
Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent Nos.1 to 4, Sri P.S.Malipatil, learned counsel for respondent No.5 and Sri Mohd. Khader Khan, learned counsel for respondent No.6.
2. This petition is filed by the petitioners seeking to quash the mutation order dated 22.05.2014 vide M.R.No.H 19/2013-14 passed by respondent No.4-Tahsildar vide Annexure-J.
3. The petitioners contend that one Kashappa Chandramappa Fulari was cultivating the land bearing Sy.No.120 measuring an extent of 15 acres 34 guntas situated at Tellonagi Village, Afzalpur Taluk. After the death of said Kashappa, his three daughters namely, Ganga Bai, Bhageerathi Bai and Kastur Bai (petitioner No.1 herein) continued the cultivation of the same land and they made an application to the Land Tribunal for grant of occupancy rights. After considering the relevant materials and verification of record, the Land Tribunal by an order dated 17.09.1987 granted -4- NC: 2023:KHC-K:9280 WP No. 207286 of 2017 occupancy rights in respect of the said land bearing Sy.No.120 measuring 15 acres 34 guntas.
4. Thereafter, the said land has been partitioned among the family members and accordingly, the names of the petitioners have been effected in the RTC. The name of the petitioners continued in the RTC till 2013-14. Respondent No.5- Wakf Board by letter dated 08.07.2008 has requested respondent No.4-Tahsildar to effect the mutation in the name of Wakf Board in respect of 42 survey numbers including Sy.No.120. Respondent No.4-Tahsildar in pursuance to the said letter dated 08.07.2008 passed a common order dated 29.01.2010 for effecting the mutation in the name of respondent No.5-Wakf Board in respect of all 45 survey numbers. The said letter dated 08.07.2008 and the common order dated 29.01.2010 were challenged before this Court in WP.No.81503/2011. This Hon'ble Court vide its order dated 21.04.2011 quashed the said letter dated 08.07.2008 and common order dated 29.01.2010 and directed respondent No.4-Tahsildar to reconsider the order of the Land tribunal.
5. Respondent No.4-Tahsildar, in view of the aforesaid order, retained the names of the petitioners in the RTC by an -5- NC: 2023:KHC-K:9280 WP No. 207286 of 2017 order dated 13.03.2013 and the same has been confirmed by the order of respondent No.3-Assistant Commissioner by an order dated 29.11.2013. Pursuant to the orders of respondent No.4-Tahsildar and respondent No.3-Assistant Commissioner, the names of the petitioners were effected in the RTC by mutation order dated 13.03.2013 by removing the name of the Wakf Board.
6. This being the state of affairs, respondent No.4- Tahsildar, without any basis and cogent reason and without affording any opportunity or provide notice to the petitioners, has entered the name of respondent No.6-Kazat in the RTC. The petitioners are aggrieved by the said order of change of entries in the name of respondent No.6.
7. The main attack of learned counsel for petitioners is on the ground that respondent Nos.1 to 4 - authorities have not issued notice and have not heard the petitioners while passing the impugned order and have changed the entries in the name of respondent No.6 in the RTC.
8. The fundamental rule of law is that while Government and other authorities pass any order, it is incumbent upon them -6- NC: 2023:KHC-K:9280 WP No. 207286 of 2017 to issue notice to the aggrieved/concerned party and provide reasonable opportunity of hearing to the party and pass suitable orders in accordance with law. In the present case, admittedly, no notice has been issued to the petitioners by respondent No.4, which is a clear violation of principles of natural justice.
9. In view of above discussion, I proceed to pass the following :
ORDER
(i) The petition is allowed;
(ii) The entries in the name of respondent No.6 in
mutation order dated 22.05.2014 vide
M.R.No.H19/2013-14 in respect of petitioners' land bearing Sy.No.120 measuring an extent of 15 acres 34 guntas situated at Tellonagi Village, Afzalpur Taluk vide Annexure-J, is hereby quashed;
(iii) Consequently, the entries made by respondent No.4-Tahsildar in the name of respondent No.6 shall be deleted in RTC within a period of four weeks from the date of receipt of a certified -7- NC: 2023:KHC-K:9280 WP No. 207286 of 2017 copy of this order and restore the same in the name of the petitioners;
(iv) Liberty is reserved to the authorities to issue fresh notice to the petitioners and respondent No.6 and initiate any further action against the petitioners by providing a proper opportunity of hearing to the concerned parties by following due process of law and the principles of natural justice before passing any such order;
(v) No order as to costs.
Sd/-
JUDGE
LB