- 1 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4752 OF 2026 (KLR-RES) C/W WRIT PETITION NO. 4327 OF 2026 (KLR-RR/SUR) IN WP No. 4752/2026 BETWEEN: 1. MR MOHAMMED SHOAIB SHAKEEL AGED ABOUT 26 YEARS S/O LATE SHAKEELSHAFI RESIDING AT NO.1/1, NANDIDURGA ROAD BENSON TOWN BENGALURU-560046. …PETITIONER (BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI HUCHCHAPPA J KARIGAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, MS BUILDING, BANGALORE- 560 001. 3. ASSISTANT COMMISSIONER, BENGALURU NORTH DIVISION, KANDAYA BHAVANA GANDHINAGAR BANGALORE-560009. 4. THE SPECIAL TAHSILDAR BENGALURU NORTH (ADDITIONAL) YELAHANKA TALUK BANGALORE-560009. 5. KARNATAKA STATE BOARD OF WAKFS "DARUL AWKAF", REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NO.6, CUNNINGHAM ROAD BANGALORE-560052. …RESPONDENTS (BY SRI SHAMANTH NAIK, AGA, FOR R1 TO R4, SMT.SABAHATH SULTANA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF THE 3ND RESPONDENT, CULMINATING IN THE PASSING OF THE ORDER IMPUGNED AS PER ANNEXURE-J AND THE CONSEQUENT MUTATION OF THE REVENUE RECORDS INTO THE NAME OF THE RESPONDENT NO.5, IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.,. - 3 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 IN WP NO. 4327/2026 BETWEEN: 1. SMT. NAJMA BEGUM W/O LATE SYED GULZAR ALI AGED ABOUT 56 YEARS, RESIDING AT NO.11, BELLAHALLI, YELAHANKA TALUK BANGALORE NORTH. ...PETITIONER (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI HUCHCHAPPA J KARIGAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE - 560 001. 2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA, M S BUILDING, BANGALORE 560 001. 3. ASSISTANT COMMISSIONER, BENGALURU NORTH DIVISION, KANDAYA BHAVANA GANDHINAGAR BANGALORE-560009. 4. THE SPECIAL TAHSILDAR BENGALURU NORTH (ADDITIONAL) YELAHANKA TALUK BANGALORE-560009. - 4 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 5. KARNATAKA STATE BOARD OF WARFS "DARUL AWKAF", REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NO.6, CUNNINGHAM ROAD BANGALORE-560052. ...RESPONDENTS (BY SRI SHAMANTH NAIK, AGA FOR R1 TO R4 SMT.SABAHATH SULTANA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF THE 3RD RESPONDENT, CULMINATING IN THE PASSING OF THE ORDER IMPUGNED / LETTER BEARING RRT/U/RC/168/2018 -19 AS PER ANNEXURE-J AND THE CONSEQUENT MUTATION OF THE REVENUE RECORDS INTO THE NAME OF THE RESPONDENT NO.5. IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.,. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri Ashok Haranahalli, learned Senior Counsel appearing on behalf of Sri Huchchappa J Karigar, learned counsel appearing for the petitioners, Smt.Sabahath Sultana, learned counsel appearing for respondent No.5 - Karnataka State Board of Wakfs and Sri Shamanth Naik, - 5 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 learned Additional Government Advocate appearing for respondent Nos.1 to 4. 2. Sri Ashok Haranahalli, learned Senior Counsel appearing for the petitioners, invited the attention of the Court to the order of grant made in Case No.5/1960-61 in WP No.4752/2026 and Case Nos.41 and 72/1960-61 in WP No.4327/2026 passed by the Additional Special Deputy Commissioner Inams Abolition, Bangalore, (Annexure A) and the deed of sale of agricultural land dated 21.08.1981 (Annexure-C in WP No.4752/2026), and submitted that, the petitioners are the grantees of the land in question. However, the respondent - Authorities, based on the letter dated 15.02.2019 (Annexure-J), has changed the mutation and other revenue records in respect of the subject land. Therefore, sought for interference of this Court. 3. It is also the submission of the learned Senior Counsel appearing for petitioners, by referring to the order dated 05.11.2012 in WA No.5591/2011 (Annexure - G), - 6 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 and contended that, the impugned letter at Annexure - J requires to be set aside as the respondent No.5 has no legal right over the land in question, and therefore, sought for interference of this Court. 4. Per contra, Smt.Sabahath Sultana, learned counsel appearing for respondent No.5 sought to justify the impugned letter at Annexure - J. 5. Sri Shamanth Naik, learned Additional Government Advocate appearing for respondents No.1 to 4 sought to defend Annexure - J. 6. In the light of submissions made by the learned counsel appearing for the parties, the petitioners are claiming right over the property based on the occupancy right granted by the Additional Special Deputy Commissioner Inams Abolition, Bangalore in Case No.5/1960-61 in WP No.4752/2026 and Case Nos.41 and 72/1960-61 in WP No.4327/2026 and the deed of sale of agricultural land dated 21.08.1981 (Annexure - C in WP - 7 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 No.4752/2026). In that view of the matter, the respondent-Authorities have committed an error in entering the name of respondent No.5 in Column No.11 of the RTC extracts without providing an opportunity of hearing to the petitioners. 7. It is also to be noted from the order dated 05.11.2012 in WA No.5591/2011 at Annexure - G, wherein it is held by the Division Bench of this Court, that if the name of the parties is mentioned in the revenue records, based on the orders passed by the competent Authorities under the Inams Abolition Act for grant of land, the same should not be interfered with unless the said order is, set aside by the competent Appellate Authority. 8. In that view of the matter, I find force in the submissions made by the learned Senior Counsel appearing for the petitioners and accordingly the letter dated 15.02.2019 Annexure - J in respect of the land belonging to the petitioners is accordingly set aside, and - 8 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 the writ of mandamus is issued to the respondent Nos.2 to 4 in WP No.4752/2026 to delete the name of the respondent No.5 in column No.11 of RTC and MR No.T16/2024-25 in respect of the land bearing Sy.No.58 to an extent of 6 acres 4 guntas of Bellahalli Village, Yelahanka Taluk, Bangalore Urban District within a period of one month from the date of receipt of certified copy of this order. 9. Respondent Nos.2 to 4 in WP No.4327/2026 are directed to delete the name of the respondent No.5 in column No.11 of RTC, MR and mutation entries in respect of land bearing Sy. Nos.8, 9 and 11 of Bellahalli Village, Yelahanka Taluk, Bangalore Urban District within a period of one month from the date of receipt of certified copy of this order. 10. Consequently, endorsement dated 27.01.2026 (Annexure-L) issued by respondent No.4 in both petitions are hereby set aside. - 9 - HC-KAR CNR: KAHC010097722026 NC: 2026:KHC:51136 WP No. 4752 of 2026 C/W WP No. 4327 of 2026 Accordingly, the writ petitions are allowed. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 53