Karnataka High Court
Sri. Abdul Waheed vs The State Of Karnataka And Ors on 22 August, 2025
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2025:KHC-K:4888
WP No. 223126 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.223126 OF 2020 (KLR-RR/SUR)
BETWEEN:
SRI. ABDUL WAHEED
S/O LATE ABDUL AZIZ,
AGED ABOUT: 67 YEARS,
R/O BAGDAL VILLAGE,
BIDAR TALUK, BIDAR DISTRICT-585226.
...PETITIONER
(BY SRI. BANGARI SUNILKUMAR PARAMESHWAR, ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
THEJAS KUMAR N DEPARTMENT OF REVENUE
Location: HIGH BY IT'S UNDER SECRETARY,
COURT OF
KARNATAKA M.S. BUILDING, BANGALORE-560001.
2. THE DEPUTY COMMISSIONER,
BIDAR DISTRICT NANDI COLONY,
BIDAR-585401,
3. THE DEPUTY DIRECTOR LAND RECORDS
TECHNICAL ASSISTANT TO
THE DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
NANDI COLONY, BIDAR-585401.
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NC: 2025:KHC-K:4888
WP No. 223126 of 2020
HC-KAR
4. THE TAHASHILDHAR,
BIDAR TALUK, AMBEDKAR CIRCLE,
BIDAR DISTRICT-585009.
5. SRI. MOHAMMED JAHANGEER
S/O SULTAN PATEL,
AGED ABOUT: 36 YEARS, R/O NIDWANCHA
BIDAR TALUK, BIDAR DISTRICT-585227.
...RESPONDENTS
(BY SRI. SHESHADRI JAISHANKAR M., AGA FOR R1 TO R4;
SMT. VEERANI V. NANDI., ADVOCATE FOR
SRI. RAVI B. PATIL., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Bangari Sunilkumar Parameshwar., counsel for the petitioner, Sri.Sheshadri Jaishankar.M., AGA for respondents 1 to 4 and Smt.Veerani V.Nandi., counsel on behalf of Sri.Ravi B.Patil., for respondent No.5 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the 11E Sketch to the total extent of 17 Acres 24 Guntas in Sy.No.202 situated at Bagadal Village, Bidar Taluk and District prepared by the Surveyor and the order -3- NC: 2025:KHC-K:4888 WP No. 223126 of 2020 HC-KAR dated 22.10.2018 passed by the Deputy Commissioner - second respondent in Revision Petition No.Appl./RP /(Survey) - 06/2015 and the order dated 31.12.2014 passed in Appeal bearing No.Appl./CR-28/2011-12 by the third respondent thereby confirming the 11E sketch prepared by the Surveyor as per Annexures-H and J.
3. The short facts are these:
It is said that the land bearing Sy.No.202 measuring 17 Acres 24 Guntas situated at Bagadal Village, Bidar Taluk and District originally belonged to one Late Abdul Aziz who was the resident of Bagadal Village. He had five sons and they got divided the said land. A portion of the property was allotted to Muktar Ahamed and Zameeruddin. They jointly executed a sale deed on 25.01.2011 in favor of the fifth respondent and sold the property to an extent of 4 Acres 37 Guntas. The 11E Sketch was prepared by the Surveyor and the same was sanctioned by the Tahsildar. The petitioner preferred an appeal before the Deputy Director of Land Records, Technical Assistant to Deputy Commissioner in Appeal No.28/2011-12. The DDLR vide order dated 31.12.2014 rejected the appeal on the ground that 11E Sketch is only a pre-mutation sketch and hence, it cannot be cancelled. Aggrieved by the order of the DDLR, the petitioner -4- NC: 2025:KHC-K:4888 WP No. 223126 of 2020 HC-KAR preferred a revision petition before the Deputy Commissioner in É )-06/2015-16. The Deputy Commissioner vide PÀA./C¦Ã®Ä/Dgï.¦ (¸Àªð order dated 22.10.2018 confirmed the order of the DDLR and rejected the revision. Hence, the petitioner is before this Court.
4. Counsel for the respective parties urged several contentions. Counsel for the petitioner in presenting his argument strenuously urged that the sale deed executed by the brothers of petitioner in favor of the fifth respondent is null and void. Hence, the 11E sketch prepared by the Surveyor is bad in law.
By way of reply, counsel for respondent No.5 submits that the petitioner had questioned the validity of the sale deed before the Civil Court in O.S.No.96/2015 and the same came to be dismissed on 07.01.2020. Counsel therefore, submits that an appropriate order may be passed.
Heard the arguments and perused the Writ papers with care.
5. The issue falls within a narrow compass and relates to the pre-mutation sketch prepared by the Surveyor. It is not in dispute that the family members of the petitioner got divided the property. It is also not in dispute that two sons of Abdul -5- NC: 2025:KHC-K:4888 WP No. 223126 of 2020 HC-KAR Aziz namely Muktar Ahamed and Zameeruddin sold the property in favor of the fifth respondent. The contention of the petitioner that the sale deed is null and void cannot be adjudicated under Writ jurisdiction. It appears that the petitioner had questioned the validity of the sale deed in the civil proceedings and the same has been negatived. Moreover, the conclusion arrived at by the DDLR that the 11E Sketch is only a pre-mutation sketch and hence, questioning the same is impermissible is just and proper. I find no grounds to interfere with the order of the DDLR and the Deputy Commissioner. The Writ Petition is devoid of merits and the same is liable to be dismissed.
6. Resultantly, the Writ Petition is dismissed.
Sd/-
(JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 30