- 1 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104967 OF 2025 (KLR-RR/SUR) BETWEEN: 1. ABDULWAHID S/O. ABDUL REHMANSAB KHATIB AGE: 63 YEARS, OCC: AGRICULTURE. 2. ANWAR AHMED S/O. JAMALUDDIN KHATIB AGE: 40 YEARS, OCC: AGRICULTURE. 3. RAZIYA BEGUM W/O. SYED ALI KHATIB AGE: 60 YEARS, OCC: AGRICULTURE. 4. MAHABOOB S/O. SYED ALI KHATIB AGE: 25 YEARS, OCC: AGRICULTURE, ALL ARE R/O. MAGADI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG-582120. …PETITIONERS (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 GADAG-582101, DIST: GADAG. 3. THE ASSISTANT COMMISSIONER GADAG-582101, DIST: GADAG. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 4. THE TAHSILDAR, SHIRAHATTI-582120, DIST: GADAG. 5. KARNATAKA STATE BOARD OF WAKF BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-32. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA FOR R1 TO R4; SRI. AHMEDALI REHMANSHAH, 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.H2 IN SY NO.132/1 MEASURING 6 ACRES 24 GUNTAS SITUATED AT MAGADI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG, MR NO.H12 IN SY NO.295/3 MEASURING 10 GUNTAS SITUATED AT SHIRAHATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG, MR NO.H12 IN SY NO.295/2 MEASURING 35 GUNTAS SITUATED AT SHIRAHATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG, MR NO.H11 IN SY NO.294/4 MEASURING 36 GUNTAS SITUATED AT SHIRAHATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG, MR NO.H11 IN SY NO.294/2 MEASURING 1 ACRE 7 GUNTAS SITUATED AT SHIRAHATTI VILLAGE, TQ: SHIRAHATTI, DIST: GADAG DATED 21.03.2019 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-B AND B4 IN SO FAR AS PETITIONERS ARE CONCERNED AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO ENTER THE NAMES OF PETITIONERS IN COLUMN NO. NO.9, 11 AND 12 IN RESPECT OF VIDE ANNEXURE-C TO C4 IN REVENUE RECORDS AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioners. 2. Learned AGA takes notice for respondent Nos.1 to 4 and learned counsel Sri.Ahmed Ali Rehmanshah, is directed to take notice for respondent No.5. 3. This petition is filed by the petitioners seeking to quash mutation entries dated 21.03.2019 passed by respondent No.4, bearing MR No.H2 in Sy.No.132/1 measuring 6 acres 24 guntas situated at Magadi Village, Tq: Shirahatti, Dist: Gadag; MR No.H12 in Sy.No.295/3 measuring 10 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; MR No.H12 in Sy.No.295/2 measuring 35 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; MR No.H11 in Sy.No.294/4 measuring 36 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; MR No.H11 in Sy.No.294/2 measuring 01 acre 7 guntas situated at Shirahatti Village, - 4 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 Tq:Shirahatti, Dist: Gadag and consequently direct respondent No.4 to enter the names of the petitioners in column Nos.9, 11 and 12 of the Revenue Records in respect of Sy.No.132/1 measuring 6 acres 24 guntas situated at Magadi Village, Tq: Shirahatti, Dist: Gadag; Sy.No.295/3 measuring 10 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; Sy.No.295/2 measuring 35 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; Sy.No.294/4 measuring 36 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag and Sy.No.294/2 measuring 01 acre 7 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag. 4. The petitioners contend that they are the absolute owners in possession and enjoyment of the land bearing Sy.No.132/1 measuring 6 acres 24 guntas situated at Magadi Village, Tq: Shirahatti, Dist: Gadag; Sy.No.295/3 measuring 10 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; Sy.No.295/2 measuring 35 guntas situated at Shirahatti Village, - 5 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 Tq:Shirahatti, Dist: Gadag; Sy.No.294/4 measuring 36 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag and Sy.No.294/2 measuring 01 acre 7 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag. The Land Tribunal granted occupancy rights in favour of the petitioners. Based on the aforesaid grant of occupancy rights, their names are entered in the record of rights. 5. This being the state of affairs, the revenue authorities without any basis, cogent reason and without affording any opportunity or issuing notice to the petitioners and in violation of principles of natural justice and so also the provisions of Sections 128 and 129 of the Karnataka Land Revenue Act, have entered the name as “Waqf property” in Column Nos.9, 11 and 12 of record of rights in respect of aforesaid petitioners’ land. The petitioners, aggrieved by the said order of change of entry in the name of respondent No.5, are before this Court. - 6 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 6. The vehement contention of learned counsel for the petitioners is that, respondent Nos.1 & 2 - Authorities have neither issued notice nor heard the petitioners while passing the impugned order and have changed the entry in the name of respondent No.5 in Column Nos.9, 11 and 12 of the Record of Rights. 7. 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 petitioners by respondent No.4, which is in clear violation of principles of natural justice. 8. In view of above discussion, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 ORDER i. Petition is allowed. ii. Mutation entry dated 21.03.2019 bearing MR.No.H37 passed by respondent No.4 vide Annexure-B is quashed. iii. The entry in the name of respondent No.5 in column Nos.9, 11 and 12 of Record of Rights in respect of land bearing MR No.H2 in Sy.No.132/1 measuring 6 acres 24 guntas situated at Magadi Village, Tq: Shirahatti, Dist: Gadag; MR No.H12 in Sy.No.295/3 measuring 10 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; MR No.H12 in Sy.No.295/2 measuring 35 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: Gadag; MR No.H11 in Sy.No.294/4 measuring 36 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist:Gadag; MR No.H11 in Sy.No.294/2 measuring 01 acre 7 guntas situated at Shirahatti Village, Tq:Shirahatti, Dist: - 8 - HC-KAR NC: 2025:KHC-D:9101 WP No. 104967 of 2025 Gadag, shall be deleted and the name of the petitioners shall be restored, within a period of eight weeks from the date of receipt of copy of this order. iv. Liberty is reserved to respondent Nos.1 to 4 to initiate fresh enquiry by issuing notice to the petitioners, if called for and if so advised. Sd/- (PRADEEP SINGH YERUR) JUDGE gab Ct:MCK List No.: 1 Sl No.: 26