- 1 - NC: 2025:KHC-D:2422 WP No. 101229 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101229 OF 2022 (KLR-RR/SUR) BETWEEN: SRI. ULHAS MADHAVARAO ANEGUNDI, S/O. MADHAVARAO, AGED ABOUT 60 YEARS, RESIDING AT HOUSE NO.80, NEELADRI, VASAVI NAGAR, HUBLI-580024. …PETITIONER (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. THE TAHSILDAR, OFFICE OF THE TAHSILDAR, NAVALGUND TALUK, NAVALGUND-582208. 2. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING , DR. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE KARNATAKA STATE BOARD OF WAKF, ”DARUL A WAKF” NO.6, CUNNINGHAM ROAD, BANGALORE-560052. 4. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1, R2 AND R4; SRI. B. MUHEMMED ALI, ADVOCATE FOR R3) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2422 WP No. 101229 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ORDER DIRECTING THE 1ST RESPONDENT TO DELETE THE ENTRY PERTAINING TO WAKF PROPERTY IN THE RECORD OF RIGHTS DATED 24.12.2019 IN COLUMN NO.11- “OTHER DEBTS AND RIGHTS” IN RESPECT OF THE PETITION SCHEDULE PROPERTY I.E., LAND BEARING OLD SY.NO.248/2 (NEW SY NO.147/2) IN MORABHOBLI, NAVALGUND TALUK IN ALL MEASURING 13 ACRES 02 GUNTAS (ANNEXURE-A), IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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 petitioner is before this Court seeking for the following reliefs: a) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ORDER DIRECTING the 1st Respondent to delete the entry pertaining to wakf property in the Record of Rights dated 24.12.2019 in Column no.11- “Other debts and rights” in respect of the Petition Schedule Property i.e., land bearing old Sy.No.248/2 (new Sy No.147/2) in Morabhobli, Navalgund Taluk in all measuring 13 Acres 02 Guntas (Annexure- A), in the interest of justice and equity. b) PASS any other Order as this Hon’ble Court deems fit in the facts and circumstances of the case, including the cost of this Writ Petition, in the interest of justice and equity. 2. The petitioner claims to be the absolute owner of the land in old Sy.No.248/2 (new No.147/2) measuring 13 acres 02 guntas situated at Morab Hobli, Navalagund taluk. The - 3 - NC: 2025:KHC-D:2422 WP No. 101229 of 2022 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 Tahasildar, who has caused the entry of the name of respondent No.3 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) Mandamus is issued directing respondent No.1 to delete the entry of respondent No.3 in column No.11 of the record of rights in respect to land of the petitioner bearing old Sy.No.248/2 (new No.147/2) measuring 13 acres 02 guntas situated at Morab Hobli, Navalagund taluk within 15 days from date of receipt of copy of this order. - 4 - NC: 2025:KHC-D:2422 WP No. 101229 of 2022 iii) Liberty is reserved to respondent No.1 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.4-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.: 1