- 1 - HC-KAR NC: 2025:KHC-D:8623 WP No. 102784 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102784 OF 2025 (KLR-RR/SUR) BETWEEN: NOORJAHAN W/O. BASHASAB MULLANNAVAR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. ANNIGERI VILLAGE, TQ: ANNIGERI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. SADIQ 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, DIST: DHARWAD-580001. 3. THE ASSISTANT COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. 4. THE TAHASILDAR, ANNIGERI, DIST: DHARWAD-580001. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU-01. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. B. MOHAMMED 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 IMPUGNED ENTRY BASED ON MUTATION IN MR NO.485 DATED 27.02.2018 AT COLUMN NO.11 OF ROR IN RESPECT OF Sy.No.235/3B MEASURING 2 ACRES 4 BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:8623 WP No. 102784 of 2025 GUNTAS SITUATED AT ANNIGERI VILLAGE, TQ. ANNIGERI, DIST. DHARWAD VIDE ANNEXURE-B. CONSEQUENTLY DIRECT RESPONDENT NO.4 TO DELETE THE NAME OF RESONDENT No.5 AND ENTER THE NAME OF PETITIONER AT COLUMN NO.11 IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner so also learned AGA for respondent Nos.1 to 4 and the counsel for respondent No.5. 2. The petitioner is the owner in possession and cultivation of Sy.No.235/3B measuring 2 acres 4 guntas situated at Annigeri village, Dharwad district. It is the grievance of the petitioner that in violation of the provisions of Sections 128 and 129 of the Karnataka Land Revenue Act, respondent No.4 has deleted the name of the petitioner and entered the name of respondent No.5 as ‘Wakf’ property in column 11 of the Record of Rights. 3. It is the vehement contention of the learned counsel for the petitioner that without issuing notice or - 3 - HC-KAR NC: 2025:KHC-D:8623 WP No. 102784 of 2025 hearing the petitioner, name of respondent No.5 has been entered. Therefore, the same is arbitrary, illegal and perverse and the same requires to be quashed and the name of the petitioner has to be restored in the Record of Rights. 4. Learned AGA for respondent Nos.1 to 4 and the counsel for respondent No.5 sustain the impugned order. They submit that there is no illegality or arbitrariness in entering the name of the respondent No.5. 5. The fundamental rule of law is that while Government and other authorities pass any order, it is incumbent upon them to issue notice to the aggrieved/concerned party and provide reasonable opportunity of hearing to the party and pass suitable orders in accordance with law. In the present case, admittedly, no notice has been issued to the petitioner by respondent No.4, which is in clear violation of principles of natural justice. - 4 - HC-KAR NC: 2025:KHC-D:8623 WP No. 102784 of 2025 6. In view of above discussion, I proceed to pass the following: ORDER i. Petition is allowed. ii. Mutation entry dated 27.2.2018 bearing M.R. No.485 passed by 4th respondent vide Annexure- B is quashed. The entry in the name of respondent No.5 in Column No.11 of the Record of Rights in respect of land bearing Sy.No.235/3B measuring 2 acres 4 guntas situated at Annigeri village, Annigeri taluk, Dharwad district, shall be deleted and the name of the petitioner shall be restored. This exercise shall be done within four weeks from the date of receipt of copy of this order. iii. Liberty is reserved to respondent Nos.1 to 4 to initiate fresh enquiry by issuing notice to the petitioner, if called for and if so advised. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK