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2025 DAILYLAW 10067 (KAR)

SMT. YALLAMMA v. THE STATE OF KARNATAKA

WP/200755/2025 · 2025-03-17

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1650 WP No. 200755 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200755 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. YALLAMMA W/O MALLAPPA. AGE: 56 YEARS, R/O: HATTIGUDUR, TQ: SHAHAPUR, DIST: YADAGIR -585 223. 2. SRI MALLAPPA S/O DANDAPPA AGE: 60, R/O: HATTIGUDUR, TQ: SHAHAPUR, DIST: YADAGIR -585 223. …PETITIONERS (BY SMT. RATNA N.SHIVAYOGIMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY IT SECRETARY, M.S. BUDILING, BENGALURU – 560 001. 2. THE REGIONAL COMMISSIONER, R.C. OFFICE, KALABURGI - 585 101. 3. THE DEPUTY COMMISSIONER, D.C. OFFICE, YADAGIR – 585 201. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1650 WP No. 200755 of 2025 4. THE ASSISTANT COMMISSIONER, A.C. OFFICE, YADAGIR – 585 201. 5. THE TAHASILDAR, SHAHAPUR, TQ. SHAHAPUR – 585 201, DIST: YADAGIR. 6. THE KARNATAKA STATE BOARD OF WAKF REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, “DARUL A WAKF”, NO.6, CUNNINGHAM ROAD, BENGALURU – 560 052. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 TO R5; SRI P.S.MALIPATIL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, THEREBY QUASH THE IMPUGNED MUTATION EXTRACT MR NO.H12 DATED 11.09.2017 IN SY NO.219/*/1 (OLD SY NO.219 AND NEW SY NO.219/*/6), MEASURING 06 ACRE 32 GUNTAS OF JOINT OWNERS OF PETITIONERS IS SITUATED AT HATTIGUDUR, TALUKA-SHAHAPUR, DIST: YADGIRI VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioners submits that the issue raised in this petition is squarely covered in terms of - 3 - NC: 2025:KHC-K:1650 WP No. 200755 of 2025 the order dated 08.02.2023 in W.P.No.200439/2023 and other matters. 2. Learned counsel for the respondents do not dispute the submission. 3. Hence, the following: ORDER i) The impugned entries in the Record of Rights in Sy.No.219/*/1 (old Sy.No.219 and new Sy.No.219/*/6) measuring 06 acres 32 guntas of Hattigudur village, Tq. Shahapur, Dist. Yadgir is set-aside. ii) The respondent No.5 is directed to delete the name of the respondent No.6 in columns No.11 of the record of rights of the petition property, within 10 days from the date of receipt of certified copy of this order and to restore the entries in respect of petition - 4 - NC: 2025:KHC-K:1650 WP No. 200755 of 2025 property, as it stood earlier to impugned entries. iii) However, it is made clear that this Court has not expressed any opinion on the rights of the petitioners and contesting respondent. iv) The respondent No.5 may initiate proceedings for effecting changes in the property records, if so advised in law. In such an event, the respondent No.5 shall issue notice to the petitioner and respondent No.6 before passing further orders. Sd/- (ANANT RAMANATH HEGDE) JUDGE SN List No.: 2 Sl No.: 40