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2025 DAILYLAW 9246 (KAR)

DR FARHAN IQBAL v. THE STATE OF KARNATAKA AND ORS

WP/200720/2025 · 2025-03-20

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1759 WP No. 200720 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200720 OF 2025 (KLR-RR/SUR) BETWEEN: DR. FARHAN IQBAL S/O SYED ABUSAYEED JUNAIDI, AGE 51YEARS,OCC: MEDICAL PRACTITIONER, R/O: H.NO.9-623, ALAND ROAD OPP. SHAIK ROZA DARGA, ROZA KALABURAGI-585 102. …PETITIONER (BY SRI SANTOSH KUMAR B.METRI AND SRI BHIMASHYA TAKKAKI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY,REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU – 585 101. 2. THE REGIONAL COMMISSIONER KALABURAGI, DIST: KALABURAGI – 585 101. 3. DEPUTY COMMISSIONER, KALABURAGI, AT KALABURAGI – 585 101. 4. ASSISTANT COMMISSIONER AT KALABURAGI – 585 101. 5. TAHASILDER AT KALABURAGI- 585 101. 6. KARNATAKA STATE WAKF BOARD Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1759 WP No. 200720 of 2025 #6, CUNNINGHAM ROAD VASANT NAGAR, BENGALURU – 560 051. REPRESENTED BY ITS SECRETARY. …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 THE NATURE OF CERTIORARI THEREBY QUASH THE IMPUGNED ENTRY OF ADDING RESPONDENT-6 NAME IN COLUMN NO.11 OF THE ROR IN THE YEAR 2017-2018 TO 2024-2025 AT ANNEXURE-B BY THE RESPONDENT NO.5 IN RESPECT OF SY. NO.14J/A MEASURING 8 ACRES 36 GUNTAS PHOT KHARAB OF 02 GUNTAS SITUATED AT VILLAGE SHAIKH ROZA TQ: AND DIST: KALABURAGI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Office objections over-ruled for the time being. 2. Learned Government Advocate accepts notice on behalf of respondents 1 to 5. Sri P S Malipatil, accepts notice on behalf of respondent No.6. - 3 - NC: 2025:KHC-K:1759 WP No. 200720 of 2025 3. Learned counsel for the petitioners submits that the issue raised in this petition is squarely covered in terms of the order dated 08.02.2023 passed in W.P.No.200439/2023 and other matters. 4. Learned counsel for the respondents does not dispute the submission. 5. Hence, the following: ORDER i) The impugned entries in the Record of Rights in Sy.No.14J/A measuring 8 acres 36 guntas, Phot Kharab of 2 guntas situated at Village: Shaikh Roza, Kalaburagi Taluk and District is set- aside. ii) Respondent No.5 is directed to delete the name of 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. - 4 - NC: 2025:KHC-K:1759 WP No. 200720 of 2025 iii) However, it is made clear that this Court has not expressed any opinion on the rights of the petitioner and contesting respondent. iv) Respondent No.5 may initiate proceedings for effecting changes in the property records, if so advised in law. In such an event, respondent No.5 shall issue notice to the petitioners and respondent No.6 before passing further orders. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 36