NABI CHAND AND ORS v. THE STATE OF KARNATAKA AND ORS
WP/200774/2025 · 2025-03-18
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8835 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8835 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:1677 WP No. 200774 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.200774 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
NABI CHAND S/O. YUSUF SAB, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: HEGGASANHALLI VILLAGE, TQ: AND DIST: RAICHUR – 584 134.
2. MAHEBOOB S/O YUSUF MIYA AGE: 40 YEARS, OCC: AGRICULTURE, R/O: HEGGASANHALLI VILLAGE, TQ: AND DIST: RAICHUR – 584 134.
3.
KASIM SAB S/O YUSUF, AGE: 39 YEARS, OCC: AGRICULTURE, R/O: HEGGASANHALLI VILLAGE, TQ: AND DIST: RAICHUR – 584 134. …PETITIONERS
(BY SRI MAHAMAD SHARIF, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE,
Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:1677 WP No. 200774 of 2025
M.S. BUILDING, BENGALURU - 560 001.
2.
THE REGIONAL COMMISSIONER, KALABURAGI, DIST KALABURAGI-585 102.
3.
THE DEPUTY COMMISSIONER RAICHUR, DIST: RAICHUR - 584 101.
4.
THE ASSISTANT COMMISSIONER RAICHUR, RAICHUR - 584 101.
5.
THE TAHSILDAR RAICHUR DIST: RAICHUR – 584 101.
6.
THE KARNATAKA STATE BOARD OF WAKFS
“DARULA A WAKF” NO.6, CUNNINGHAM ROAD, BENGALURU - 560 052.
REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER. …RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, A.G.A. FOR R1 TO R5;
SRI P.S.MALIPATIL, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASH THE ENTRIES IN NAME OF 6TH RESPONDENT AT ANNEXURE-D SERIES ENTRIES IN THE ROR AT COLUMN NO.11 FOR YEAR 2019-2020, 2020-21, 2021-22, 2022-23, 2023-24, 2024-2025 IN RESPECT OF SY NO.79/*/2(79/*/*) MEASURING 04 ACRES 21 GUNTAS SITUATED AT HEGGASANAHALLI VILLAGE, DEVASUGUR HOBLI, TALUK AND DISTRICT RAICHUR WHEREIN THE RESPONDENT NO.5 ILLEGALLY ENTERED THE NAME OF 6TH RESPONDENT IN THE INTEREST OF JUSTICE AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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NC: 2025:KHC-K:1677 WP No. 200774 of 2025
ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5 and learned counsel Sri P.S. Malipatil accepts notice for respondent No.6.
2.
Learned counsel for the petitioners submit that the issue raised in this petition is squarely covered in terms of the
order dated 08.02.2023 in W.P.No.200447/2023 and other matters.
3.
Learned counsel for the respondents does not dispute the submission.
4. Hence, the following:
ORDER
i) The impugned entries in the Record of Rights in Sy.No.79/*/2(79/*/*) measuring 04 acres 21 guntas situated at Heggasanahalli village, Devasugur Hobli, Taluk and Dist. Raichur is set- aside.
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NC: 2025:KHC-K:1677 WP No. 200774 of 2025
ii) The respondent No.5 is directed to delete the name of the respondent No.6 in column No.11 of the record of rights of the petition property, within 10 days from the date of receipt of certified copy of this order and to restore the entries in respect of petition property, as it stood earlier to impugned entries.
iii) However, it is made clear that this Court has not expressed any opinion on the rights of the petitioner and contesting respondent.
iv) The respondent No.5 may initiate proceedings for effecting changes in the property records, if so advised in law. In such an event, the respondent No.5 shall issue notice to the petitioner and respondent No.6 before passing further orders.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
BL List No.: 2 Sl No.: 11