Karnataka High Court
Smt.Goher Begum 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:9281
WP No. 208449 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. 208449 OF 2017 (GM-WAKF)
BETWEEN:
SMT.GOHER BEGUM
W/O.MAHEMOOD ALI
AGED ABOUT 57 YEARS
OCC:GOVT. SERVANT
R/AT H.NO.2-1-88
AFZALPUR
DIST: KALABURAGI-585 301
...PETITIONER
(BY SRI S.S.HALALLI, ADVOCATE)
AND:
1. THE GOVT. OF KARNATAKA
DEPT. OF REVENUE
Digitally signed
by SACHIN VIKASA SOUDHA
Location: HIGH BENGALURU-560 001
COURT OF REP. BY ITS PRINCIPAL SECRETARY
KARNATAKA
2. THE DEPUTY COMMISSIONER
KALABURAGI DISTRICT
KALABURAGI-585 104
3. THE ASSISTANT COMMISSIONER
KALABURAGI DIVISION
KALABURAGI-585 104
4. THE TAHSILDAR
AFZALPUR TALUKA
AFZALPUR-585 301
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NC: 2023:KHC-K:9281
WP No. 208449 of 2017
5. THE KARNATAKA STATE BOARD OF WAKF
DARUL AWKAF
NO.6, CUNNINGHAM ROAD
BENGALURU-560 052
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
...RESPONDENTS
(BY SRI G.B.YADAV, HCGP FOR R1 TO R4;
SRI MOHD.KHADAR KHAN AND
SRI MOHD. NOOR KHAN SALEEM, ADVOCATES FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE MUTATION ORDER DATED 09.08.2017 VIDE
MR.NO.T26/2017-18 VIDE ANNEXURE-J AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent Nos.1 to 4 and learned counsel for respondent No.5.
2. This petition is filed by the petitioner seeking to quash mutation order dated 09.08.2017 vide MR.No.T26/2017-18 vide Annexure-J passed by respondent No.4-Tahsildar in respect of petitioner's land bearing Sy.No.593 measuring to an extent of 22 acres 32 guntas situated at Afzalpur.
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NC: 2023:KHC-K:9281 WP No. 208449 of 2017
3. The petitioner contends that the Land Tribunal granted land bearing Sy.No.593 measuring to the extent of 4 acres 30 guntas situated at Afzalpur in favour of one Fasiuddin, S/o.Moinuddin by an order dated 21.12.1981 and the occupancy certificate was also issued on 21.05.1984. The original grantee, who is the vendor of the petitioner after taking permission from respondent No.3-Assistant Commissioner by permission letter dated 17.09.2005 sold the land bearing Sy.No.593 measuring to an extent of 4 acres 30 guntas situated at Afzalpur in favour of the son of the petitioner, Sri Naveed Anjum by a registered sale deed dated 22.11.2005.
4. The petitioner further contends that pursuant to the said sale deed, the name of the son of the petitioner was entered in the Record of Rights and later the said land has been transferred to the name of the petitioner by mutation order dated 31.03.2016 and she has been in peaceful possession and cultivation of the said land till date. This Court, in an identical case in respect of the land notified in the Gazette notification dated 20.06.1974 has upheld the grant of occupancy rights by the Land Tribunal in WP.No.13733/2007 dated 07.09.2007 and -4- NC: 2023:KHC-K:9281 WP No. 208449 of 2017 the same has been confirmed in WA.No.117/2008 dated 25.11.2008.
5. This being the state of affairs, the revenue authorities, without any basis and cogent reason and without affording any opportunity or provide notice to the petitioner, in the year 2017, passed the mutation order on 09.08.2017 effecting the name of respondent No.5-State Board of Wakq in column No.11 of record of rights in respect of the petitioner's. The petitioner is aggrieved by the said order of change of entries in the name of respondent No.5.
6. The main attack of learned counsel for petitioner is on the ground that respondent Nos.1 to 4 - authorities have not issued notice and have not heard the petitioner while passing the impugned order and have changed the entries in the name of respondent No.5 in column No.11 of record of rights.
7. The fundamental rule of law is that while Government and other authorities pass any order, it is incumbent upon them 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, -5- NC: 2023:KHC-K:9281 WP No. 208449 of 2017 admittedly, no notice has been issued to the petitioner by respondent No.4, which is a clear violation of principles of natural justice.
8. 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.5 in column No.11 of record of rights in respect of petitioner's land bearing Sy.No.593 measuring to the extent of 4 acres 30 guntas situated at Afzalpur, is hereby quashed;
(iii) Consequently, the entries made by respondent No.4-Tahasildar in the name of respondent No.5 shall be deleted in column no.11 of record of rights within a period of four weeks from the date of receipt of a certified copy of this order and restore the same in the name of the petitioner;
(iv) Liberty is reserved to the authorities to issue fresh notice to the petitioner and respondent -6- NC: 2023:KHC-K:9281 WP No. 208449 of 2017 No.5 and initiate any further action against the petitioner 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