Karnataka High Court
Syed Khaja Shafiuddin And Ors vs The State Of Karnataka And Ors on 30 June, 2021
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION No.201209/2021 (KLR, RR/SUR)
Between:
1. Syed Khaja Shafiuddin S/o Syed Khaja Ameen Uddin,
Aged about 60 years, Occ: Agriculture,
R/o H.No.6-3-56, Fort Road Goli Khana,
Bidar-585 401.
2. Syed Akbaruddin S/o Syed Khaja Ameen Uddin,
Aged about 68 years, Occ: Agriculture,
R/o H.No.7-4-133 Shemsiya Colony,
Bidar-585 401.
3. Syed Khaja Iqbaluddin S/o Syed Khaja Ameen Uddin,
Aged about 45 years, Occ: Agriculture,
R/o H.No.6-3-56, Fort Road Goli Khana,
Bidar-585 401.
... Petitioner
(By Sri.Ravi.B.Patil, Advocate)
AND:
1. The State of Karnataka
Represented through
Its Secretary to Government,
Department of Minority Welfare,
M.S.Building, Dr.Ambedkar Veedhi,
Bengaluru-560 001.
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2. The Deputy Commissioner,
& President District Task Force Committee,
(WAQF), Bidar,
D.C.Office, Bidar-585401.
3. The Tahasildar,
& Member District Task Force Committee,
(WAQF), Bidar,
Tahasil Office, Bidar-585401.
4. The Karnataka State Board of Wakf,
"Darul-A-Wakf", No.6 Cunnigham Road,
Bengaluru-560 052,
Represented through its
District Wakf Officer &
Ember Secretary, District Task Force
Committee, Bidar-585 401.
... Respondents
(By Sri. Shivakumar.R.Tengli, AGA for R1;
By Sri.Liyaqut Fareed Ustad, Advocate for R2 to 4)
This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to issue;
a) Writ a certiorari to quash the impugned illegal
entries made in column No.9 & 12 of the ROR of the
petitioners in respect of land Sy.No.27/A2 measuring 02
acres 15 guntas, 27/A5 measuring 03 acres 03 guntas,
Sy.No.27/A7 measuring 02 acres 15 guntas, Sy.No.27/A6
measuring 03 acres 03 guntas Sy.No.27/A4 measuring 03
acres 03 guntas all situated at Malkapur village, Tq. & Dist:
Bidar as 'Karnataka State Wakf Board' as at Annexure-F
series as illegal and arbitrary.
b) A writ a mandamus directing the respondents
No.1 to 3 to delete the illegal entries in column No.9, 11
and 12 of the ROR and Mutation extract pertaining to the
land in Sy.No.27/A2 measuring 02 acres 15 guntas, 27/A5
measuring 03 acres 03 guntas, Sy.No.27/A7 measuring 02
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acres 15 guntas, Sy.No.27/A6 measuring 03 acres 03
guntas Sy.No.27/A4 measuring 03 acres 03 guntas all
sitauted at Malkapur village, Tq. & Dist: Bidar, as at
Annexure-F series, illegally entering the name of the 4 th
respondent authority and etc.
This petition coming on for preliminary hearing in 'B'
Group this day, the Court made the following:-
ORDER
The petitioners filed this writ petition challenging the illegal entries made in column No.9 & 12 of the ROR of the petitioners in respect of land in Sy.No.27/A2 measuring 02 acres 15 guntas, 27/A5 measuring 03 acres 03 guntas, Sy.No.27/A7 measuring 02 acres 15 guntas, Sy.No.27/A6 measuring 03 acres 03 guntas, Sy.No.27/A4 measuring 03 acres 03 guntas all situated at Malkapur village, Tq. & Dist: Bidar vide Annexure-F as illegal and arbitrary and also sought for mandamus directing the respondent Nos.1 to 3 to delete the illegal entries in column No.9, 11 & 12 of the ROR and mutation extract.
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2. Facts leading rise to filing of this writ petition are as under:
That the petitioner No.1 is the owner of land in Sy.No.27/A2 measuring 02 acres 15 guntas, 27/A5 measuring 03 acres 03 guntas, Sy.No.27/A7 measuring 02 acres 15 guntas all situated at Malakapur village, Tq. & Dit: Bidar, having purchased the same from its vendor-in-title by name Shaik Abdul S/o Shaik Maheboob Sab under registered sale deed dated 30.04.1992. The petitioner No.2 is the absolute owner of land in Sy.No.27/A6 measuring 03 acres 03 guntas situated at Malkapur village, Tq. & Dist: Bidar, having purchased the same from its vendor-in-title by name Shaik Yaseem S/o Shaik Maheboob Sab under registered sale deed dated 30.04.1992. Petitioner No.3 is the absolute owner of land in Sy.No.27/A4 measuring 03 acres 03 guntas situated at Malkapur village, Tq. & Dist: Bidar, having purchased the same 5 from its vendor-in-title by name Shaik Yaseem S/o Shaik Maheboob Sab under registered sale deed dated 30.04.1992. Pursuant to the sale transaction the name of the petitioners were duly entered in the revenue records in column No.9 & 12 as the absolute owners in possession of respective portion of the lands. Originally the land in Sy.No.27/Aa measuring 18 acres 18 guntas was the subject matter of grant under the provisions of Karnataka Land Reforms Act in favour of Shaik Maheboob S/o Shaik Hussain as protected tenant vide order dated 24.11.1976 by the order of Land Tribunal, Bidar. Certificate of Registration was issued on 27.07.1981. The petitioners being the absolute owners in possession to the extent of their respective holdings and are in cultivation of the same. The name of the petitioners were appearing in column No.9 and 12. The respondent No.3 with outing issuing a notice and 6 without holding enquiry has passed the order deleting the name of petitioner from column No.9 and 12 in the ROR in respect of aforesaid lands and also pass an order include the name of respondent No.4. Hence, the petitioner has filed this writ petition.
3. Heard the learned counsel for the petitioners and learned counsel for the respondents.
4. The learned counsel for the petitioners submits that the respondent No.3 authority without hearing the petitioners have deleted the name of the petitioners in the RTC. The said action of respondent No.3 is in violation of principles of natural justice. He placed the reliance on the order dated 10.07.2019 passed by the Division Bench of this Court in W.A.No.200085-86/2011 and sought to quash Annexure-F. 7
5. Learned AGA appearing for respondent No.1 submitted that the petitioners are not entitled for any relief in this writ petition. Learned counsel for respondent Nos. 2 to 4 reiterates the submission of learned AGA.
6. I have considered the rival submissions made by the learned counsel appearing for the parties as well as the grounds urged in the writ petition.
7. The names of the petitioners were removed from the RTC by respondent No.3, without hearing the petitioners and thereby it is a clear violation of principles of natural justice. That apart, in the identical matter, the Division Bench of this Court in the Writ Appeal referred to above, has directed respondent No.3 to reconsider the entries made in the revenue records after providing an opportunity of 8 hearing to both the parties and thereafter pass appropriate orders, in accordance with law.
8. Having taken note of the order passed by the Division Bench of this Court, referred to above, the writ petition is allowed. The impugned order at Annexure-F is hereby quashed and set aside. Matter is remitted to respondent No.3 to reconsider the revenue entries and pass appropriate order, in accordance with law, within a period of two months from the date of receipt of a copy of this order.
9. However, respondent No.3 is directed to restore the names of the petitioners in Col.No.9 and 12 of the Record of Rights, till passing of the order by respondent No.3.
Sd/-
JUDGE SMP/RD