Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 10151 (KAR)

SRI SRINIVASRAO v. THE STATE OF KARNATAKA

WP/200781/2025 · 2025-03-18

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:1679 WP No. 200781 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.200781 OF 2025 (KLR-RR/SUR) BETWEEN: SRI SRINIVASRAO S/O RADHAKRISHNA DHONIPODI, OCC: AGRI., AGE: 50 YEARS , R/O: SAGAR, TQ: SHAHAPUR, DIST: YADAGIR. …PETITIONER (BY SRI BHIMASHYA TAKKALAKI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY IT SECRETARY, M.S.BUILDING, BENGALURU – 560 001. 2. THE REGIONAL COMMISSIONER, R.C.OFFICE, KALABURAGI – 585 101. 3. THE DEPUTY COMMISSIONER, D.C.OFFICE, YADAGIR – 585 201. 4. THE ASSISTANT COMMISSIONER A.C.OFFICE, YADAGIR – 585 201. 5. THE TAHSILDAR SHAHAPUR, TQ: SHSHAPUR – 585 201. DIST: YADAGIR Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1679 WP No. 200781 of 2025 6. THE KARNATAKA STATE BOARD OF WAKFS 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.H62 DATED 12.10.2017 PASSED BY THE RESPONDENT NO.5 AS AT ANNEXURE-C, IN RESPECT OF LAND SY.NO.665/*/3 (OLD SY. NO.665/*/2) MEASURING 06 ACRE 20 GUNTAS, SITUATED AT SAGAR VILLAGE, SHAHAPUR HOBLI, TQ: SHAHAPUR DIST: YADAGIR, 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 Additional Government Advocate accepts notice for respondent Nos.1 to 5 and learned counsel Sri P.S. Malipatil accepts notice for respondent No.6. 2. Learned counsel for the petitioner submit that the issue raised in this petition is squarely covered in terms of the - 3 - NC: 2025:KHC-K:1679 WP No. 200781 of 2025 order dated 30.01.2023 in W.P.No.200337/2023 and other matters. 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.665/*/3 (Old Sy.No.665/*/2) measuring 06 acres 20 guntas situated at Sagar village, Shahapur Hobli, Tq. Shahapur, Dist. Yadgir is set-aside. ii) The respondent No.5 is directed to delete the name of the respondent No.6 in column 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. - 4 - NC: 2025:KHC-K:1679 WP No. 200781 of 2025 iii) However, it is made clear that this Court has not expressed any opinion on the rights of the petitioner 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 BL List No.: 2 Sl No.: 47