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2025 DAILYLAW 10094 (KAR)

SRI NAGAPPA v. THE STATE OF KARNATAKA

WP/200756/2025 · 2025-03-17

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1651 WP No. 200756 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. 200756 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI NAGAPPA S/O SIDDAPPA, AGE: 38 YEARS, R/O: BEVINAHALLI, TQ: SHAHAPUR, DIST: YADAGIR – 585 223. 2. SMT SABAVVA W/O SIDDAPPA, AGE: 60 YEARS, R/O: BEVINAHALLI, 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 - 585101. 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:1651 WP No. 200756 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.H53 DATED 16.10.2017 IN SY NO.906/*/7 PASSED BY RESPONDENT NO.5, MEASURING 04 ACRE 00 GUNTAS OF PETITIONER NO.1 AND MEASURING 02 ACRE 06 GUNTAS OF PETITIONER NO.2 IS SITUATED AT DORANAHALLI, TALUK SHAHAPUR, DIST YADGIR VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1651 WP No. 200756 of 2025 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 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.906/*/7 measuring 04 acres in respect of petitioner No.1 and 02 acre 06 guntas in respect of petitioner No.2, of Doranahalli village, Tq. Shahapur, Dist. Yadgir is set-aside. - 4 - NC: 2025:KHC-K:1651 WP No. 200756 of 2025 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 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 petitioners and respondent No.6 before passing further orders. Sd/- (ANANT RAMANATH HEGDE) JUDGE SN List No.: 2 Sl No.: 41