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2025 DAILYLAW 10141 (KAR)

VAIJINATH v. THE STATE OF KARNATAKA

WP/200778/2025 · 2025-03-18

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1678 WP No. 200778 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200778 OF 2025 (KLR-RR/SUR) BETWEEN: VAIJINATH S/O SHIVASHARANAPPA SAMBOO, AGE: 74 YEARS, OCC: AGRICULTURE, R/O: BACKCHOWDI, TQ: AND DIST.: BIDAR. …PETITIONER (BY SRI SANJEEVKUMAR C.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BIDAR, DIST: BIDAR – 586 101. 3. THE ASSISTANT COMMISSIONER, BIDAR, DIST: BIDAR – 586 101. 4. THE TAHSILDAR BIDAR, DIST: BIDAR – 586 101. 5. THE KARNATAKA STATE WAKF BOARD NO.6, CUNNINGHAM ROAD, VASANT NAGAR, BENGALURU – 560 052. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1678 WP No. 200778 of 2025 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 TO R4; SRI P.S.MALIPATIL, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTING THE RESPONDENTS TO DELETE THE NAME OF KARNATAKA WAKF BOARD FROM COLUMN NO.11 AND 12 OF THE RECORD OF RIGHTS IN RESPECT OF LAND BEARING SY NO.41 MEASURING 1 ACRE 8 GUNTAS SITUATED AT SIKINDRAPUR VILLAGE TQ AND DIST BIDAR 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 Additional Government Advocate accepts notice for respondent Nos.1 to 4 and learned counsel Sri P.S. Malipatil accepts notice for respondent No.5. 2. Learned counsel for the petitioner submit that the issue raised in this petition is squarely covered in terms of the order dated 16.01.2023 in W.P.No.200153/2023 and other matters. - 3 - NC: 2025:KHC-K:1678 WP No. 200778 of 2025 3. Learned counsel for the respondents does not dispute the submission. 4. Hence, the following: ORDER i) The impugned entries in the Record of Rights in Sy.No.41, measuring 01 acres 08 guntas situated at Sikindrapur village, Taluk and Dist. Bidar is set-aside. ii) The respondent No.4 is directed to delete the name of the respondent No.5 in column No.11 and 12 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 petitioner and contesting respondent. - 4 - NC: 2025:KHC-K:1678 WP No. 200778 of 2025 iv) The respondent No.4 may initiate proceedings for effecting changes in the property records, if so advised in law. In such an event, the respondent No.4 shall issue notice to the petitioner and respondent No.5 before passing further orders. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 45