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2025 DAILYLAW 60265 (KAR)

SHRI.ANNADANA VIJAYA VIDYA PRASARAKA SAMITI v. THE STATE OF KARNATAKA

WP/117380/2019 · 2025-11-28

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16766 WP No. 117380 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.117380 OF 2019 (KLR-RR/SUR) BETWEEN: SHRI. ANNADANA VIJAYA VIDYA PRASARAKA SAMITI NAREGAL, REP. BY ITS CHAIRMAN, SRI. MALLIKAJAPPA B. MENASAGI, AGE: 66 YEARS, OCC: RETD., R/O. NAREGAL, TQ: GAJENDRAGAD-582114, DIST: GADAG. …PETITIONER (BY SRI. K.S.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, GADAG-582001. 2. THE TAHASILDAR GAJENDRAGADA-582114, DIST: GADAG. 3. THE DISTRICT WAKF ADVISORY COMMITTEE, MINI VIDHANA SOUDHA, GADAG, DIST: GADAG-582001. 4. THE KARNATAKA STATE BOAD OF WAKFs, DARUL AWKAF, #6, CUNNINGHAM ROAD, BENGALURU-560052. …RESPONDENTS (BY SMT. MALA B.BHUTE, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MUTATION ENTRY IN RESPECT OF RS.NO.410/*/2B OF NAREGAL VILLAGE MEASURING 15A-06G SITUATE AT NAREGAL VILLAGE OF GADAG DISTRICT BELONGING TO THE PETITIONER VIDE ANNEXURE-G BEARING ENTRY NO.MRH 15/2019-2020 DATED 25.07.2019 PASSED BY THE RESPONDENT NO.2 AND ETC. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16766 WP No. 117380 of 2019 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice on behalf of respondents No.1 and 2. 2. Shri B. Muhammad Ali, learned counsel accepts notice on behalf of respondents No.3 and 4. 3. Learned counsel for the petitioner would submit that the name of respondent No.4 is entered in the property records without notice to the petitioner and is in violation of the procedures contemplated under the Karnataka Land Revenue Act, 1964. 4. It is his further submission that issue raised in the present petition is covered by the Judgment of Co- ordinate Bench of this Court in Hafizsab S/o. Abdul Khadar Saheb Khazi and Others vs. State of Karnataka and others1. 1 WP No.105721/2025 (DD 05.11.2025) - 3 - HC-KAR NC: 2025:KHC-D:16766 WP No. 117380 of 2019 5. Learned Additional Government Advocate appearing for respondents-State does not dispute the contention and so also the counsel for respondents No.3 and 4. 6. Hence, the following: ORDER i. Writ petition is allowed. ii. The MR No.H15/2019-2020 marked at Annexure-G is quashed. iii. Liberty is reserved to respondent No.4 to move application before the Tahasildar to make a claim in the property in accordance with law. If such a claim is made, notice shall be issued to the petitioner and the interested persons and thereafter, the Tahasildar shall pass appropriate orders. iv. Nothing is expressed on the merits of the claim. v. All contentions are kept open. - 4 - HC-KAR NC: 2025:KHC-D:16766 WP No. 117380 of 2019 vi. Respondent No.2-Tahasildar shall delete the name of respondent No.4 in column Nos.9 and 12 of the property records and enter the name of the petitioner. vii. The exercise shall be completed within 30 days from the date of receipt of certified copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- Ct:vh List No.: 1 Sl No.: 40