SUPHIYA BEGAUM W/O SAYAD SHAMID v. THE STATE OF KARNATAKA
WP/100610/2025 · 2025-01-31
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3395 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3395 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2001 WP No. 100610 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100610 OF 2025 (KLR-RR/SUR) BETWEEN:
SUPHIYA BEGAUM W/O. SAYAD SHAMID, AGE: 57 YEARS, OCC: AGRICULTURE, R/O. NAVALI VILLAGE, TQ: KANAKGERI, DIST: KOPPAL-583283. …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, KOPPAL, DIST: KOPPAL-583283.
3.
THE ASSISTANT COMMISSIONER, KOPPAL, DIST: KOPPAL-583283.
4.
THE TAHSILDAR, KANAKGIRI, TQ: KANAKGERI, DIST: KOPPAL-583283.
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. MUHEMMED ALI, ADVOCATE FOR R5)
GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:2001 WP No. 100610 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.T367 DATED 03.08.2021 IN RESPECT OF SY NO.45/3 MEASURING 8 ACRES 17 GUNTAS SITUATED AT NAVALI VILLAGE, TQ.KANAKGIRI, DIST.KOPPAL VIDE ANNEXURE-C AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE THE ENTRY AS IT STOOD IN COLUMN NO.11 IN ROR AND ETC.
THIS PETITION, 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.T367 dated 03.08.2021 in respect of Sy No.45/3 measuring 8 Acres 17 Guntas situated at Navali Village, Tq.Kanakgiri, Dist.Koppal vide Annexure-C and consequently direct the Respondent No.4 to restore the entry as it stood in column No.11 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.45/3 measuring 8 Acres 17 guntas situated at Navali village, Tq.Kanakgiri, Dist. Koppal. The name of the petitioner had been entered into the record of rights, on the basis of the instruction of
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NC: 2025:KHC-D:2001 WP No. 100610 of 2025
Regional Commissioner, the Deputy Commissioner issued instructions to the 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 by this Court by vide
Order dated 06.08.2024 in W.P.No.202162/2022 (Smt.Chennamma Vs. The Regional Commissioner and Others). 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.T367 dated 03.08.2021 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.45/3 measuring 8
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NC: 2025:KHC-D:2001 WP No. 100610 of 2025
Acres 17 guntas situated at Navali village, Tq.Kanakgiri, Dist. Koppal, 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 W.P.No.202162/2022 and in terms of 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
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