Karnataka High Court
Minhaj Afzal And Ors vs The State Of Karnataka And Ors on 8 June, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 202102 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 202102 OF 2021 (KLR-RR/SUR)
BETWEEN:
1. MINHAJ AFZAL
S/O USMAN AFZAL,
AGE ABOUT 58 YEARS,
OCC.AGRICULTURE,
R/O AFZALPUR,
TQ.AFZALPUR,
DIST.KALABURAGI-585301.
2. FAIZAN AFZAL S/O MINHAJ AFZAL
AGE ABOUT 24 YEARS,
OCC.AGRICULTURE,
R/O AFZALPUR,
TQ.AFZALPUR,
DIST.KALABURAGI-585301.
3. ARSLAN AFZAL S/O MINHAJ AFZAL
AGE ABOUT 21 YEARS,
Digitally signed by
VARSHA N RASALKAR OCC.AGRICULTURE,
Location: HIGH COURT R/O AFZALPUR,
OF KARNATAKA
TQ.AFZALPUR,
DIST.KALABURAGI-585301.
4. SMT. YASMEEN FIRDOUS
W/O MINHAJ AFZAL
AGE ABOUT 48 YEARS,
OCC.AGRICULTURE,
R/O AFZALPUR,
TQ.AFZALPUR,
DIST.KALABURAGI-585301.
...PETITIONERS
(BY SRI. S. S. HALALLI, ADVOCATE)
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WP No. 202102 of 2021
AND:
1. THE STATE OF KARNATAKA
DEPT. OF REVENUE,
REPRESENTED BY ITS SECRETARY
VIKAS SOUDHA,
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
KALABURAGI,
DIST.KALABURAGI-585102.
3. THE TAHASILDAR
AFZALPUR TALUK,
AFZALPUR-585301.
4. THE KARNATAKA STATE WAKF BOARD
"DARUL A WAKF" NO.6,
CUNNINGHUM ROAD,
BENGALURU-560052.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R3;
SRI.LIYAQAT FAREED USTAD, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
MUTATION ORDER DATED 26.08.2017 VIDE MR NUMBER T-26 AND
MR NO.T30 DATED 29.08.2017 IN RESPECT OF SY.NO.632/1, 632/3,
632/4 AND 653/7 PASSED BY THE RESPONDENT NO.3 TAHASILDAR
VIDE ANNEXURES-H AND J AND FURTHER DIRECT THE TAHASILDAR
TO DELETE THE NAME OF RESPONDENT WAKF BOARD FROM RTC,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 202102 of 2021
ORDER
1. Learned Additional Government Advocate accepts notice for respondents No.1 to 3 and Sri.Liyaqat Fareed Ustad, learned counsel accepts notice for respondent No.4.
2. The petitioners are before this Court seeking for the following reliefs:
i. "Issue a writ of certiorari or any other order in the like nature quashing the mutation order dated 26.08.2017 vide MR number T-26 and Mr No.T30 dated 29.08.2017 in respect of Sy.No.632/1, 632/3, 632/4 and 653/7 passed by the respondent no.3 Tahasildar vide Annexure H and J and further direct the Tahasildar to delete the name of respondent Wakf Board from RTC in the interest of justice and equity.
ii. Or pass any other order as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."
3. The petitioners claim to be the owners and in possession of agricultural land bearing Sy.No.632/1, 632/3, 632/4, 653/7 situated in Afzalpur village, Afzalpur Taluk, Kalaburagi District. It is submitted that without issuance of any notice, respondent No.3 -4- WP No. 202102 of 2021 caused entry of the name of the Wakf in column No.11 in respect of the aforesaid land. It is aggrieved by the same that the petitioners are before this Court.
4. The contention of Sri S.S.Halalli, learned counsel for the petitioners is that deletion of the name of the petitioners and insertion of name of Wakf has been made without even issuing show cause notice to the petitioners, thereby violating the principles of natural justice.
5. A perusal of the record indicates that there is no notice which has been issued to the petitioners. Without issuance of notice, no action could have been taken by respondent No.3 for removal of the name of the petitioners and entering the name of Wakf in column No.11. In that view of the matter, I am of the considered opinion that the Writ Petition is required to be allowed.
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6. As such, I pass the following:
ORDER i. The Writ Petition is allowed.
ii. The impugned mutation order dated 26.08.2017 vide M.R.No.T26 and M.R.No.T30 dated 29.08.2017 in respect of land of the petitioners at Annexures-H and J made in the name of respondent No.4 in Column No.11 of the Record of Rights is hereby set aside.
iii. The Tahsildar-respondent No.3 is directed to delete the name of Wakf in column No.11 of the Record of Rights within ten days from the date of receipt of the copy of this order, and cause the restoration of the name of the petitioners in the said column by strictly following the observations made by this Court in the decision in W.P. No.200337/2023. iv. Liberty is however reserved to respondent No.3 to initiate such action as may be -6- WP No. 202102 of 2021 necessary against the petitioners after issuing show cause notice and following the principles of natural justice.
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JUDGE VNR List No.: 1 Sl No.: 27