- 1 - HC-KAR NC: 2025:KHC-D:8267 WP No. 107689 of 2024 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. 107689 OF 2024 (KLR-RR/SUR) BETWEEN: IMAMBI MOULASAB BANSUR, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. YAREBUDIHAL VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD-581117. …PETITIONER (BY SRI. HARSHAWARDHANA M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD-580008. 3. THE ASSISTANT COMMISSIONER, KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD-581113. 4. THE TAHASILDAR, KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD-581113. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINHAGAM ROAD, BENGALURU-560001. …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 WRIT IN THE VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8267 WP No. 107689 of 2024 NATURE OF CERTIORARI BY DELETING THE IMPUGNED ENTRY MADE BY RESPONDENT NO.4 VIDE MR NO.60/2019-20 ENTERING NAME OF JUMMA MASUTI YARIBUDIHAL AT COLUMN NO.9 AND 12 IN ROR IN RESPECT OF SY NO.107/3 MEASURING 2 ACRES 16 GUNTAS SITUATED AT YAREBOODIHAL VILLAGE KUNDAGOL TALUKA DIST: DHARWAD VIDE ANNEXURE-F AND ETC. 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. This petition is filed by the petitioner seeking to quash mutation entry bearing M.R. No.H60/2019-2020 dated 09.06.2020 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.107/3 measuring 2 acres 16 guntas situated at Yareboodihal village, Kundagol taluk, Dharwad district. - 3 - HC-KAR NC: 2025:KHC-D:8267 WP No. 107689 of 2024 3. The petitioner contends that he is the absolute owner in possession and enjoyment of the land bearing Sy.No.107/3 measuring 2 acres 16 guntas situated at Yareboodihal village, Kundagol taluk, Dharwad district. The Land Tribunal granted occupancy rights in favour of the petitioner. Based on the aforesaid grant of occupancy rights, petitioner’s 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. - 4 - HC-KAR NC: 2025:KHC-D:8267 WP No. 107689 of 2024 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 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: - 5 - HC-KAR NC: 2025:KHC-D:8267 WP No. 107689 of 2024 ORDER i. Petition is allowed. ii. Mutation entry dated 09.06.2020 bearing MR.No.H60/2019-2020 passed by respondent No.4 vide Annexure-F is quashed. The entry in the name of respondent No.5 in column Nos.9 and 12 of Record of Rights in respect of land bearing Sy.No.107/3 measuring 2 acres 16 guntas situated at Yareboodihal village, Kundagol taluk, Dharwad 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