Karnataka High Court
Sadashiva Reddy Since Deceased By Lrs 1) ... vs The State Of Karnataka And Ors on 29 November, 2022
Author: R. Devdas
Bench: R. Devdas
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. DEVDAS
WRIT PETITION No.203090/2022 (KLR-RR-SUR)
BETWEEN:
SADASHIVA REDDY
SINCE DECEASED BY LRS.
1. AYYAMMA
W/O LATE SADASHIVA REDDY
AGE: 72 YEARS
OCC: HOUSEHOLD,
R/O H. NO. 2-65, KOLLUR,
TQ. SHAHAPUR
DIST. YADGIRI
2. ASHOK REDDY
S/O LATE SADASHIVA REDDY
AGE: 56 YEARS
OCC: AGRICULTURE
R/O H. NO. 2-65, KOLLUR,
TQ. SHAHAPUR
DIST. YADGIRI
3. PRADEEP REDDY
S/O LATE SADASHIVA REDDY
AGE: 44 YEARS,OCC: AGRICULTURE
R/O H. NO. 2-65, KOLLUR,
TQ. SHAHAPUR
DIST. YADGIRI
2
4. PRAVEEN KUMAR
S/O LATE SADASHIVA REDDY
AGE: 40 YEARS
OCC: AGRICULTURE
R/O H. NO.2-65, KOLLUR,
TQ. SHAHAPUR
DIST. YADGIRI
... PETITIONERS
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU-01.
2. THE REGIONAL COMMISSIONER
KALABURAGI DIVISION
KALABURAGI-585 101.
3. DEPUTY COMMISSIONER
DIST. YADGIRI-585 201.
4. THE TAHSILDAR
TALUK SHAHAPUR,
DIST. YADGIRI-585 223.
5. KARNATAKA STATE BOARD OF AUQAF
NO.6 CUNNINGHAM ROAD,
BENGALURU-560052.
REP. BY ITS CHIEF EXECUTIVE OFFICER.
... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R4;
SRI P. S. MALIPATIL, ADVOCATE FOR R5)
3
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE MUTATION REGISTER NO.T46 DATED 29-
08-2017 SO FOR AS PETITIONERS' LAND IS CONCERNED
I.E. SY.NO.159/3 MEASURING 6 ACRE 33 GUNTAS,
SY.NO.159/4 MEASURING 6 ACRE 24 GUNTAS AND LAND
BEARING SY.NO.160 MEASURING 11 ACRES SITUATED AT
VILLAGE KOLLUR, TQ. SHAHAPUR, DISTRICT YADGIRI.
VIDE ANNEXURE-C AND CONSEQUENTLY QUASH THE
ENTRIES MADE IN COLUMN NO.11 OF ROR AT
SY.NO.159/3 MEASURING 6 ACRE 33 GUNTAS,
SY.NO.159/4 MEASURING 6 ACRE 24 GUNTAS AND LAND
BEARING SY.NO.160 MEASURING 11 ACRES SITUATED AT
VILLAGE KOLLUR, TQ. SHAHAPUR, DISTRICT-YADGIRI,
VIDE ANNEXURE-F, F1 AND F2 BY REMOVING THE NAME
OF KARNATAKA WAKF BOARD.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for respondents Nos.1 to 4. Learned counsel Sri P. S. Malipatil, takes notice for respondent No.5. 4
2. Learned counsel for the petitioners submits that the grievance of the petitioners is regarding the illegal entry made in column No.11 of the Record of Rights in respect of Sy.No.159/3 measuring 6 acre 33 guntas, Sy.No.159/4 measuring 6 acre 24 guntas and land bearing Sy.No.160 measuring 11 acres situated at village Kollur, taluk Shahapur, district Yadgiri.
3. Learned counsel submits that under similar circumstances, this Court has passed orders in W.P.No.200340/2021 dated 23.02.2021 and in W.P.No.200337/2021 dated 23.02.2021 holding that the entries have been made without notice to the land owner and therefore the writ petitions were allowed while quashing the impugned orders inserting the name of 'Wakf Board' in column No.11 of Record of Rights. A writ of mandamus was issued directing the respondent-Tahsildar, to delete the name of the Wakf Board within a period of four weeks from the date of 5 receipt of certified copy of that order. However, liberty was reserved to the Wakf Board to follow the applicable law and due procedure, if at all it has any right, title or interest in the land in question for entering the name of the Wakf Board in the Record of Rights. Learned counsel prays for similar orders.
4. Learned Counsel Sri P. S. Malipatil, appearing for respondent-Wakf Board submits that it is true that such an order has been passed by this Court.
5. Consequently, the writ petition is allowed in terms of the earlier orders passed by the Co-Ordinate Bench in W.P.No.200340/2021 dated 23.02.2021 and in W.P.No.200337/2021 dated 23.02.2021.
6. Consequently, in view thereof and since there is a serious lapse of procedural aspect, a mandamus is issued directing the respondent No.4- 6 Tahsildar, Shahapur Taluk to delete the name of respondent No.5 from the Record of Rights, within a period of four weeks from the date of receipt of certified copy of the order. Liberty is reserved to respondent No.5-Wakf Board to follow the applicable law and due procedure of law, if at all it has any right, title or interest in the said property for inserting of the name in the Records of Rights.
7. Learned Additional Government Advocate is directed to communicate this order to the Regional Commissioner, Deputy Commissioner and Tahsildar within the jurisdiction of this Court so that these kind of orders are not passed putting innocent parties at risk behind their back.
8. Accordingly, the Writ petition is allowed.
9. Learned Additional Government Advocate and the learned counsel appearing for the respondents 7 are permitted to file their memo of appearance/ vakalath as the case may be, within a period of four weeks from today.
Sd/-
JUDGE VNR