Petitioner challenged a mutation entry deleting his name and adding Respondent 5 without notice. The court held this violated natural justice, quashed the entry, and ordered restoration within four weeks.
The mutation entry dated 21.03.2019 at Columns 9 and 12 is quashed; petitioner's name to be restored in four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 104336 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 104336 OF 2022 (KLR-RR/SUR)
BETWEEN:
NAGANOUDA S/O PARVATGOUDA PATIL AGE. 52 YEARS, OCC. AGRICULTURE, R/O. NAREGAL VILLAGE, TQ. GAJENDRAGAD, DIST. GADAG.
…PETITIONER
(BY SRI. SADIQ N GOODWALA.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R4, SRI.B.MOHAMMAD ALI, FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENTRY BASED ON MUTATION DATED 21.03.2019 AT COLUMN NO.9 AND 12 IN ROR IN RESPECT OF SY. NO.102/3 MEASURING 1 ACRE 18 GUNTAS SITUATED AT MORAB HOBALI NAVALGUND VILLAGE, TQ. NAVALGUND, DIST. DHARWAD, VIDE ANNEXURE-C.
WP No. 104336 of 2022
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP accepts notice for respondents 1 to 4. Sri.B.Mohammed Ali, learned counsel accepts notice for respondent No.5.
WP No. 104336 of 2022
favour of respondent No.5 is perfectly legal and same does not warrant any interference by this Court.
ORDER
The writ petition is allowed.
The mutation entry dated 21.03.2019 at Column Nos.9 and 12 in the records of rights in respect of Survey No.102/3 measuring 1 acre 18
WP No. 104336 of 2022
guntas situated at Naregal village, Tq. Gajendragad, Dist. Gadag is quashed and the name of the petitioner is ordered to be restored in the revenue records concerned within a period of four weeks from the date of certified copy of this order.
However, liberty is reserved with respondent No.5 to take such steps as is available in law.
All contentions are left open.
Sd/JUDGE
RSH LIST NO.: 1 SL NO.: 24
2 issues framed by the court
Whether a mutation entry should be quashed if it infringes principles of natural justice by failing to issue notice to the original owner?
Can the court order restoration of the original owner's name in revenue records after quashing a mutation?
Naganouda S/o Parvatgouda Patil
The State of Karnataka Department of Revenue
The Deputy Commissioner Gadag Dist.
The Assistant Commissioner Gadag Dist.
The Tahasildar Tq. Gajendragad
Karnataka State Board of Wakf
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
