- 1 - HC-KAR NC: 2025:KHC-D:18614 WP No. 109791 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109791 OF 2025 (KLR-RR/SUR) BETWEEN: ABDUL KHADARSAB S/O. MAKBULSAB MULLA, BY HIS LR’S 1. ABDULSAB S/O. ABDULKHADARSAB MULLA, AGE. 70 YEARS, OCC. AGRICULTURE, 2. USMANSAB S/O. ABDULKHADARSAB MULLA, AGE. 69 YEARS, OCC. AGRICULTURE, 3. MAKBULSAB S/O. ABDULKHADARSAB MULLA, AGE. 69 YEARS, OCC. AGRICULTURE, ALL ARE R/O. BETADUR VILLAGE, TQ. KUNDGOL, DIST. DHARWAD-580217. …PETITIONERS (BY SRI. SADIQALI N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-01. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:07 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18614 WP No. 109791 of 2025 2. THE DEPUTY COMMISSIONER, DHARWAD-580001, DIST. DHARWAD. 3. THE ASSISTANT COMMISSIONER, DHARWAD-580001, DIST. DHARWAD. 4. THE TAHASILDAR, TQ. KUNDGOL-580217, DIST. DHARWAD. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-52. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, 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 MR NO.H96 DATED 01.04.2020 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-B AND CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE NAMES OF PETITIONERS IN COLUMN NO.9 AND 12 IN RESPECT OF SY.NO.254/3 MEASURING 2 ACRES AND 33 GUNTAS SITUATED AT BETADUR VILLAGE, TQ. KUNDGOL, DIST. DHARWAD VIDE ANNEXURE-C IN REVENUE RECORDS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18614 WP No. 109791 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 4. 2. Shri B. Muhammad Ali, learned counsel accepts notice on behalf of respondent No.5. 3. Learned counsel for the petitioners would submit that the name of respondent No.5 is entered in the property records without notice to the petitioners and 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) - 4 - HC-KAR NC: 2025:KHC-D:18614 WP No. 109791 of 2025 5. Learned Additional Government Advocate appearing for respondents-State does not dispute the contention and so also the counsel for respondent No.5. 6. Hence, the following: ORDER i. Writ petition is allowed. ii. The MR No.H96 dated 01.04.2020 marked at Annexure-B is quashed. iii. Liberty is reserved to respondent No.5 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 petitioners 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. - 5 - HC-KAR NC: 2025:KHC-D:18614 WP No. 109791 of 2025 vi. Respondent No.4-Tahasildar shall delete the name of respondent No.5 in column Nos.9 and 12 of the property records and enter the name of the petitioners. 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 AC CT-MCK LIST NO.: 1 SL NO.: 44