- 1 - HC-KAR NC: 2025:KHC-D:8264 WP No. 104228 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104228 OF 2025 (KLR-RR/SUR) BETWEEN: MAHADEVI W/O. UMESHAIYYA HIREMATH, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. H.NO.460, SHIVANAND NAGAR, TQ: AND DIST: GADAG. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU. 2. THE DEPUTY COMMISSIONER, GADAG, DIST: GADAG. 3. THE ASSISTANT COMMISSIONER, GADAG, DIST: GADAG. 4. THE TAHASILDAR, TQ: RON, DIST: GADAG. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; SRI. B. MOHAMMEDALI, 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.H5 DATED 21.03.2019 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-B AND VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8264 WP No. 104228 of 2025 CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO ENTER THE NAMES OF PETITIONER IN COLUMN NO.9 AND 12 IN RESPECT OF SY. NO.128/2 MEASURING 2 ACRES AND 18 GUNTAS SITUATED AT NAREGAL HOBLI, TQ: RON, DIST: GADAG VIDE ANNEXURE-C IN REVENUE RECORDS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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. This petition is filed by the petitioner seeking to quash mutation entry bearing M.R. No.H5 dated 21.03.2019 passed by 4th respondent and consequently direct respondent No.4 to enter the name of the petitioner in column Nos.9 and 12 of the Revenue Records in respect of Sy.No.128/2 measuring 2 acres 18 guntas situated at Naregal Hobli, Ron taluk, Gadag district. 3. The petitioner contend that he is the absolute owner in possession and enjoyment of the land bearing - 3 - HC-KAR NC: 2025:KHC-D:8264 WP No. 104228 of 2025 Sy.No.128/2 measuring 2 acres 18 guntas situated at Naregal Hobli, Ron taluk, Gadag district. The Land Tribunal granted occupancy rights in favour of the petitioner. Based on the aforesaid grant of occupancy rights, his name is entered in the record of rights. 4. This being the state of affairs, the revenue authorities without any basis, cogent reason and without affording any opportunity or issuing notice to the petitioner and in violation of principles of natural justice and so also the provisions of Sections 128 and 129 of the Karnataka Land Revenue Act, has entered the name as “Waqf property” in Column Nos.9 and 12 of record of rights in respect of aforesaid petitioner’s land. The petitioner, aggrieved by the said order of change of entry in the name of respondent No.5, is before this Court. 5. The vehement contention of learned counsel for the petitioner is that respondent Nos.1 & 2-authorities have neither issued notice nor heard the petitioner while - 4 - HC-KAR NC: 2025:KHC-D:8264 WP No. 104228 of 2025 passing the impugned order and have changed the entry in the name of respondent No.5 in Column Nos.9 and 12 of the Record of Rights. 6. 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. 7. In view of above discussion, I proceed to pass the following: ORDER i. Petition is allowed. ii. Mutation entry dated 21.03.2019 bearing MR.No.H5 passed by respondent No.4 vide Annexure-B is quashed. The entry in the name - 5 - HC-KAR NC: 2025:KHC-D:8264 WP No. 104228 of 2025 of respondent No.5 in column Nos.9 and 12 of Record of Rights in respect of land bearing Sy.No.128/2 measuring 2 Acres and 18 guntas situated at Naregal Hobli, Ron taluk, Gadag district, shall be deleted and the name of the petitioner shall be restored. 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