- 1 - HC-KAR NC: 2025:KHC-D:17027 WP No. 109112 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109112 OF 2025 (KLR-RR/SUR) BETWEEN: MODENSAB, S/O LATE ABDULSAB MULLA, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. BETADUR VILLAGE, TQ. KUNDGOL, DIST. DHARWAD-580 217. & PETITIONER (BY SRI. SADIQALI N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, DHARWAD-580 001, DIST. DHARWAD. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17027 WP No. 109112 of 2025 3. THE ASSISTANT COMMISSIONER, DHARWAD-580 001, DIST. DHARWAD. 4. THE TAHASILDAR, TQ. KUNDGOL-580 217, DIST. DHARWAD. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-52. & RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. B. MOHAMMEDALI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE MR NO.H95 DATED 01.04.2020 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-B AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE NAMES OF PETITIONER IN COLUMN NO.9 AND 12 IN RESPECT OF SY.NO.254/5A MEASURING 1 ACRE AND 7 GUNTAS SITUATED AT BETADUR VILLAGE, TQ. KUNDGOL, DIST. DHARWAD VIDE ANNEXURE-C IN REVENUE RECORDS. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17027 WP No. 109112 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by the Tahsildar entering name of respondent No.5 3 Wakf Board in Column Nos.9 and 12 of the property records. 2. It is submitted that the entry is made without hearing the petitioner and without issuing notice to the petitioner. 3. Hence, the following: ORDER i. Writ petition is allowed. ii. The impugned order bearing No.M.R.No.H95 dated 01.04.2020 vide Annexure3B is set aside. iii. The name of respondent No.5 is to be deleted from the property records of the petition property. - 4 - HC-KAR NC: 2025:KHC-D:17027 WP No. 109112 of 2025 iv. In case, if there is any claim of respondent No.5, same shall be considered in accordance with law by following the procedure. v. The Tahsildar shall restore the name of the petitioner within thirty days from the date of receipt of copy of this order. vi. This Court has not expressed anything on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE EM CT:BCK LIST NO.: 1 SL NO.: 21