- 1 - NC: 2025:KHC-D:2028 WP No. 100694 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100694 OF 2025 (KLR-RR/SUR) BETWEEN: IMAMUDDIN S/O. HASANMIYA NAMAZGATTI, BY HIS LR. 1. ZAHIR AHMED S/O. ABDULGANI KHAZI, AGE: 63 YEARS, OCC: AGRICULTURE, MAINUDDIN S/O. HASANMIYA NAMAZGATTI, BY HIS LR. 2. SYED MAHAMMUD DADURVESH S/O. ABDUL GAFFAR KHAZI, AGE: 49 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. DANDPUR VILLAGE, TQ: NARUGND, DIST: GADAG-582101. …PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU. 2. THE DEPUTY COMMISSIONER, GADAG, DIST: GADAG-582101. 3. THE ASSISTANT COMMISSIONER, GADAG, DIST: GADAG-582101. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:14 +0530 - 2 - NC: 2025:KHC-D:2028 WP No. 100694 of 2025 4. THE TAHASILDAR, NARGUND, DIST: GADAG-582101. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-01. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. B. MUHEMMAD ALI, 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 CERTIORARI QUASHING THE MR. NO.H86 DATED 21-03- 2019 IN RESPECT OF SY NO.275 MEASURING 3 ACRES 26 GUNTAS SITUATED AT DANDAPUR VILLAGE, TQ. NARAGUND, DIST. GADAG VIDE ANNEXURE-C AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE THE ENTRY AS IT STOOD IN COLUMN NO.9, 11 AND 12 IN ROR AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: (i) A writ in the nature of certiorari quashing the MR. No.H86 dated 21-03-2019 in respect of Sy No.275 measuring 3 Acres 26 guntas situated at Dandapur Village, Tq. Naragund, Dist. Gadag vide Annexure-C and consequently direct the Respondent No.4 to restore the entry as it 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. - 3 - NC: 2025:KHC-D:2028 WP No. 100694 of 2025 2. The petitioners claims to be the absolute owners of the land in Sy.No.275 measuring 3 acres 26 guntas situated at Dandapur village, Tq:Nargund, Dist:Gadag. The name of the petitioners had been entered into the record of rights. On the basis of the instruction of 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.9, 11 and 12 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.H86 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 - 4 - NC: 2025:KHC-D:2028 WP No. 100694 of 2025 No.9, 11 and 12 of the record of rights in respect to land of the petitioners bearing Sy.No.275 measuring 3 acres 26 guntas situated at Dandapur village, Tq:Naragund, Dist:Gadag and to restore the name of the petitioners in the aforesaid columns within 30 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 notification issued by the Regional Commissioner and directions of respondent No.2- Deputy Commissioner by issuing a show-cause notice affording opportunity to petitioners of filing objections being heard and thereafter, pass necessary orders. Sd/- (SURAJ GOVINDARAJ) JUDGE RHR/- List No.: 1 Sl No.: 35