- 1 - HC-KAR NC: 2025:KHC-K:3464 WP No. 200865 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200865 OF 2021 (KLR-RR/SUR) BETWEEN: 1. P. SIRAJ PASHA S/O P. KHAJA MIYAN, @ P. BASHU MIYAN, AGED ABOUT: 62 YEARS, OCC: AGRICULTURIST, R/O. PREM TALKIES ROAD, MANVI, TQ. MANVI, DIST. RAICHUR. 2. P. MOHAMMED RAFI @ P. RAFI PASHA S/O LATE P. KHAJA MIYAN @ P. BASHU MIYAN, AGED ABOUT 51 YEARS, OCC: AGRICULTURIST, R/O. PREM TALKIES ROAD, MANVI, TQ. MANVI, DIST. RAICHUR. …PETITIONERS (BY SRI. VISHWAKARMARAJ NAYAK, ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER, R.C. OFFICE, MINI VIDHANA SOUDHA, KALABURAGI-585101. 2. THE DEPUTY COMMISSIONER, D.C. OFFICE, SAATH KACHERI, RAICHUR-584101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3464 WP No. 200865 of 2021 3. THE ASSISTANT COMMISSIONER, A.C.OFFICE, SAATH KACHERI, RAICHUR-584101. 4. THE TAHASILDAR, MANVI, DIST. RAICHUR-584101. 5. THE KARNATAKA STATE BOARD OF WAQF, DARUL AUQAF NO. 6, CUNNINGHAM ROAD, BENGALURU, THROUGH ITS CHIEF EXECUTIVE OFFICER, BENGALURU-01. 6. THE DISTRICT WAQF OFFICER, DISTRICT WAQF COMMITTEE, OPP: ZILLA PANCHAYAT, RAICHUR-584101. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4; SRI. P. S. MALIPATIL, ADVOCATE FOR R5 AND R6 (VC)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 18.11.2018 BEARING NO.REVENUE.LAND.2018-19 PASSED BY 3RD RESPONDENT FOUND AT ANNEXURE-G, IN RESPECT OF COLUMN NO.3 GAZETTE NO.37 SY.NO.7/1, 8A-08 GUNTA AND SY.NO.7/2, 4A, 25 GUNTAS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3464 WP No. 200865 of 2021 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The dispute pertains to 04 acres 25 guntas of land in Sy.No.7/2 of Manvi village. The case of the petitioners is that they have been granted the said land by the Land Tribunal, Manvi, by its order dated 09.09.1997 (vide Annexure-B to the writ petition). However, proceedings have been initiated by the State and a list of landed wakf properties of Manvi Taluk has been published, wherein 04 acres 25 guntas of land in Survey No.7/2 of Manvi Village has been identified as property belonging to Dargah Hazarath Jahangir Peeran (Sunni), Manvi and is recognized as a wakf property. 2. The petitioners have sought for quashing of the same. - 4 - HC-KAR NC: 2025:KHC-K:3464 WP No. 200865 of 2021 3. The learned counsel appearing for respondent Nos.5 and 6 submits that what has been challenged by the petitioners is only an internal communication and which has not been given effect to and that the writ petition is premature and it should be dismissed. 4. Learned counsel for the petitioners submits that they would be satisfied if an observation is made whatever decision is taken by the Government, it has to be subject to the decision of the Land Tribunal and not at Annexure-B to the writ petition. 5. Perusal of the order of the Land Tribunal reveals that the District Wakf Board was a party to the proceedings and the claim of the Wakf Board to 04 acres and 25 guntas of land in Survey No.7/2 of Manvi Village has been rejected and it has been granted in favour of predecessors of the petitioners. 6. For the aforementioned reasons, the writ petition is allowed and it is held that respondent Nos.4 and - 5 - HC-KAR NC: 2025:KHC-K:3464 WP No. 200865 of 2021 5 have no right over 04 acres 25 guntas of land in Survey No.7/2 of Manvi Village. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 34 CT:SI