- 1 - HC-KAR NC: 2025:KHC-D:10337 WP No. 105779 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105779 OF 2025 (GM-WAKF) BETWEEN: NOORAHMED S/O. AMEENSAB @ YAMANOORSAB HANCHIGIRI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KUKNOOR VILLAGE, TQ: KUKNOOR, DIST: KOPPAL – 583 231. …PETITIONER (BY SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU – 10. 2. THE DEPUTY COMMISSIONER, TQ: KOPPAL, DIST: KOPPAL – 583 231. 3. THE ASSISTANT COMMISSIONER, TQ: KOPPAL, DIST: KOPPAL – 583 231. 4. THE TAHASILDAR, KUKNOOR, TQ: KUKNOOR, DIST: KOPPAL – 583 231. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU – 10. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R4; SRI MOHAMMED ALI, ADVOCATE FOR R5) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10337 WP No. 105779 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25-10-2021 BEARING NO. KANDAYA/LRM/08/2021-22/912 PRODUCED AS ANNEXURE-E PASSED BY THE RESPONDENT NO. 4 IN THE LIGHT OF THE DECISION RENDERED IN W.P. NO. 200863/2025 AND OTHER CONNECTED MATTERS PRODUCED AS ANNEXURE-E, BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO DELETE THE NAME OF THE RESPONDENT NO. 5 FROM COLUMN NO. 11 IN RESPECT OF SY. NO. 54/17 AND SY. NO. 54/18 PRODUCED AS ANNEXURES- A AND B, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT 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. Shri Sharad V.Magadum., learned Additional Government Advocate accepts notice for respondents No.1 to 4. Shri Muhammad Ali., learned counsel is directed to take notice for respondent No.5. 2. The petitioner is before this Court seeking for the following reliefs: a. Quash the impugned order dated 25-10- 2021 bearing No. Kandaya/LRM/08/2021- 22/912. produced as Annexure-E passed by the Respondent no. 4 in the light of the decision rendered in W.P. No. 200863/2025 and other connected matters produced as Annexure-E, by issue of writ of certiorari or - 3 - HC-KAR NC: 2025:KHC-D:10337 WP No. 105779 of 2025 any other suitable writ or order or directions. b. Issue a writ of mandamus directing the Respondents to delete the name of the Respondent No. 5 from column No. 11 in respect of Sy. No. 54/17 and Sy. No. 54/18 produced as ANNEXURES-A AND B. c. Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed interim prayer. 3. The petitioner claims to be the owner of land in Sy.No.54/17 measuring 1 acre and Sy.No.54/18 measuring 4 acres situated at village Kukunur village, Tq: Kukunur, Dist: Koppal. Respondent No.4 unilaterally without any notice, directed the entry of the name of respondent No.11 of the record of rights. It is in that background, the petitioner is before this Court contending that the principles of natural justice have been violated and without adequate opportunity being provided to the petitioner, the name of the Wakf Board has been added thereby, depriving the petitioner of the - 4 - HC-KAR NC: 2025:KHC-D:10337 WP No. 105779 of 2025 exercise of complete ownership rights as regards the properties. 4. On enquiry with the learned Additional Government Advocate and learned counsel for respondent No.5, if any such notice had been issued, both of them fairly submit that no notice had been issued. 5. If that be so, I am of the considered opinion that the prayer sought for by the petitioner is required to be allowed. As such, I pass the following: ORDER i. The Writ petition is allowed. ii. A certiorari is issued. The impugned entries made in the name of Wakf Board in Column No.11 of Record of Rights in respect of land of the petitioner bearing Sy.No.54/17 and Sy.No.54/18 situated at village Kukunur village, Tq: Kukunur, Dist: Koppal at Annexures-A and B, is quashed. - 5 - HC-KAR NC: 2025:KHC-D:10337 WP No. 105779 of 2025 iii. Consequently, a mandamus is issued directing respondent Nos.2 to 4 to delete the name of Wakf Board in column No.11 of the record of rights in respect of the land of the petitioner bearing Sy.No.54/17 measuring 1 acre and Sy.No.54/18 measuring 4 acres situated at village Kukunur village, Tq: Kukunur, Dist: Koppal, within sixty days from the date of receipt of a copy of this order. iv. Liberty is however reserved to respondent Nos.1 to 4 to issue necessary notice to the petitioner, provide an opportunity to the petitioner to reply to the said notice as also provide an opportunity of being heard before passing any orders. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA List No.: 1 Sl No.: 38