- 1 - NC: 2025:KHC-D:3749 WP No. 101424 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101424 OF 2025 (KLR-RES) BETWEEN: 1. SMT. GIRIJA W/O. RAJASHEKARAPPA SANGATI AGE 65 YEARS, OCC. HOUSEHOLD WORK, 2. SMT. RAJESHWARI W/O. NIJAGUNARADHYA DANDIN, AGE. 45 YEARS, OCC. HOUSEHOLD WORK, 3. SMT. MANJULA @ MANJUSHRI W/O. SHADAKSARI SHALAGOANKAR, AGE. 42 YEARS, OCC. HOUSEHOLD WORK. 4. SHRI. IRANNA S/O. RAJASHEKHARAPPA SANGATI AGE. 40 YEARS, OCC. AGRICULTURE, 5. SHRI. UMESH S/O. RAJASHEKHARAPPA SANGATI. AGE. 38 YEARS, OCC. AGRICULTURE, ALL ARE R/O. HOMBAL VILLAGE-582204, TQ AND DIST. GADAG. …PETITIONERS (BY SRI. VIJAYKUMAR B HORATTI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:35 +0530 - 2 - NC: 2025:KHC-D:3749 WP No. 101424 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPTD. BY PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALURU-560001. 2. THE DEPUTY COMMISSIONER, GADAG AT. GADAG, DIST. GADAG-582101. 3. THE ASSISTANT COMMISSIONER, GADAG, AT. GADAG, DIST. GADAG-582101. 4. THE TAHASILDAR GADAG AT. GADAG, DIST. GADAG-582101. 5. THE KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BANGALURU-560001. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1 TO R4; SRI. B. MOHAMMED AGLI., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENTRY IN RESPECT OF 1 GUNTA OF HIREMASUTI HOMBAL VILLAGE OF GADAG DISTRICT (MENTIONED AS WAKF ) OUT OF 6-26-12 BASED ON MUTATION NO. H169 DT. 21/3/2019 IN RESPECT OF LAND BEARING SY.NO. 958/2A PRODUCED VIDE ANNEXURE-B ISSUED BY RESPONDENT NO. 4 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:3749 WP No. 101424 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ in the nature of certiorari by quashing the impugned entry in respect of 1 guntas of Hiremasuti Hombal village of Gadag district (mentioned as WAKF) out of 6-26-12 based on Mutation no. H169 dt. 21.3.2019 in respect of land bearing sy.no.958/2a produced vide Annexure-B, issued by R4. ii. To pass any other order, direction as deemed fit in the circumstances of the case. 2. The petitioners claim to be the absolute owner of the land in Sy.No.958/2 measuring 6 acres 26 guntas 12 annas situated at Hombal Village of Gadag District. The name of the petitioners had been entered into the record of rights. On the basis of the instructions of the respondent – authorities, Tahsildar 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 petitioners. - 4 - NC: 2025:KHC-D:3749 WP No. 101424 of 2025 3. This aspect has been dealt with by this Court in the case of Smt.Chennamma vs. The Regional Commissioner and others1. The said order would equally apply to the present matter. 4. In that view of the matter, I pass the following: ORDER i) The Writ petition is allowed. ii) Certiorari is issued. The MR No.H169 dated 21.03.2019 vide Annexure-B issued by respondent No.4 is quashed. iii) A 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 petitioners bearing Sy.No.958/2 situated at Hombal Village of Gadag District within 15 days from date of receipt of copy of this order. 1 WP No.202162/2022 dated 06.08.2024 - 5 - NC: 2025:KHC-D:3749 WP No. 101424 of 2025 iv) Liberty is reserved to respondent No.4 to cause a proper enquiry as observed in the Order dated 06.08.2024 passed 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 petitioner of filing objections being heard and thereafter, pass necessary orders. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 28