- 1 - NC: 2025:KHC-D:1840 WP No. 100611 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100611 OF 2025 (KLR-RR/SUR) BETWEEN: KASIM SAB MOHAMMADSAB KHATIB BY HIS LR 1. ZUBEER S/O. MEHAMOOD KAZI, AGE: 34 YEARS, OCC: AGRICULTURE, R/O. CHABBI VILLAGE, TQ: SHIRAHATTI DIST: GADAG-582101. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, GADAG, DIST: GADAG-582101. 3. THE ASSISTANT COMMISSIONER, GADAG, DIST: GADAG-582101. 4. THE TAHSILDAR, SHIRAHATTI, GADAG, DIST: GADAG-582101. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. B. MOHAMMED ALI, ADVOCATE FOR R5) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.31 12:41:36 +0530 - 2 - NC: 2025:KHC-D:1840 WP No. 100611 of 2025 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 QUASHING THE MR NO.H7 DATED 21-03- 2019 IN RESPECT OF SY NO.298 MEASURING 14 ACRES 3 GUNTAS SITUATED AT CHABBI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG VIDE ANNEXURE-C AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE THE ENTRY AS IT IS STOOD IN COLUMN NO.9, 11 AND 12 IN ROR AND ETC. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. A writ in the nature of certiorari quashing the MR No.h7 dated 21-03-2019 in respect of Sy No.298 measuring 14 acres 3 guntas situated at Chabbi Village, Tq: Shirahatti, Dist: Gadag vide Annexure-C and consequently direct the Respondent No.4 to restore the entry as it is stood in column no.9, 11 and 12 in ROR. ii. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 2. The petitioner claims to be the absolute owner of the land in Sy.No.298 measuring 14 acres 3 guntas situated at Chabby village, Tq: Shirahatti, Dist: Gadag. The name of the petitioner had been entered into the record of rights. On the basis of the instruction of Regional Commissioner, the Deputy Commissioner issued instructions to the - 3 - NC: 2025:KHC-D:1840 WP No. 100611 of 2025 Tahasildar, who has caused the entry of the name of respondent No.5 in column No.11 of the RTC’s without issuing any notice to the petitioner. This aspect has been dealt with vide Order dated 06.08.2024 in WP No.202162/2022. The said order would equally apply to the present matter. 3. In that view of the matter, I pass the following; ORDER i) Writ petition is allowed. ii) Certiorari is issued. The MR No.H7 dated 21.03.2019 vide Annexure-C, is quashed. iii) Mandamus is issued directing respondent No.4 to delete the entry of respondent No.5 in column No.11 of the record of rights in respect to land of the petitioner bearing Sy.No.298 of Chabbi village, Tq: Shirahatti, Dist: Gadag within 15 days from date of receipt of copy of this order. iv) Liberty is reserved to respondent No.4 to cause a proper enquiry as observed in the Order dated 06.08.2024 in WP No.202162/2022 and in terms of - 4 - NC: 2025:KHC-D:1840 WP No. 100611 of 2025 notification issued by the Regional Commissioner and directions of respondent No.2-Deputy Commissioner by issuing a show-cause notice affording opportunity to petitioner of filing objections being heard and thereafter, pass necessary orders. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 26