Allowed

Khaja Ammenuddin S/O Ismailsab Mulla v. the State of Karnataka

Karnataka HC9 Oct 2023WP/100125/2023

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, quashed the impugned mutation entry deleting petitioner names from revenue records without notice, and directed respondents to restore the names within two months, relying on coordinate bench decisions.

What did the court decide?

Impugned mutation entry was quashed; respondents directed to restore petitioners' names in revenue records within two months.

Khaja Ammenuddin S/O Ismailsab Mulla Vs the State of… — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 100125 OF 2023 (KLR-RES)

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BETWEEN:

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KHAJA AMMENUDDIN S/O ISMAILSAB MULLA, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. ITAGI-582211, TQ. RON, DIST. GAGAG.

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ALLABHAKSHA S/O ISMAILSAB MULLA AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. ITAGI-582211, TQ. RON, DIST. GAGAG.

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FAKRUDDIN S/O ISMAILSAB MULLA, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. ITAGI-582211, TQ. RON, DIST. GAGAG.

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JANDUBI W/O MIKSHARAHMED KHAJI @ MULLA, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. ITAGI-582211, TQ. RON, DIST. GAGAG.

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.04 13:40:19 +0530

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ASHAPAK S/O MUKSHARAHMED KHAJI @ MULLA, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. ITAGI-582211, TQ. RON, DIST. GAGAG.

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… PETITIONERS

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(BY SRI. K.L. PATIL & SRI. S.S. BETURMATH & SRI. R.H. ANGADI, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, GAGAG DIST., GADAG-582101.

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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THE TAHASILDAR, RON TALUK, RON, DIST. GADAG-582209.

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THE REVENUE INSPECTOR, RON HOBLI, RON TALUK, DIST. GADAG-582209.

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THE KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU-560001.

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… RESPONDENTS

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(BY SRI. MADANMOHAN M. KHANNUR, AGA FOR R1-R4; SRI. B. MOHEMMED ALI, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENTRY BASED ON MUTATION BEARING MR NO. H. 10/2019 -20 DATED 26/07/2019 AT COLUMN NO. 9 AND 12 IN ROR IN RESPECT OF LAND BEARING R.S. NO.250/2 MEASURING 04 ACRE-38 GUNTAS SITUATED AT ITAGI OF RON TALUK AND GADAG DISTRICT CERTIFIED BY RESPONDENT NO.5 VIDE ANNEXURE-D AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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1. Heard learned counsel Sri.R.H.Angadi appearing

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for the petitioners.

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2. Petitioners are before this Court seeking for following reliefs:

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For the reasons stated above this Hon'ble Court may please to:

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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i) Issue a writ in the nature of certiorari quashing the Impugned entry based on mutation bearing MR No. H- 10/2019-20 dated 26/07/2019 at column No. 9 and 12 in ROR in respect of land bearing R.S. No. 250/2 measuring 04Acre-38 guntas situated at Itagi of Ron taluk and Gadag District certified by Respondent No.5 vide Annexure-D.

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ii) Issue a writ in the nature of certiorari quashing the impugned entry based on mutation bearing MR No. H- 10/2019-20 dated 26/07/2019 at column No. 9 and 12 ROR in respect of land bearing R.S. No. 251/2 measuring 04Acre-00 guntas, situated at Itagi of Ron taluk and Gadag District certified by Respondent No.5 vide Annexure-D1.

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iii) Issue a writ in the nature of mandamus or any other appropriate or orders or direction directing the Respondents to restore the name of the petitioners and their family members in record of rights of the lands bearing (1) No.250/2, measuring 04Acre-38 and (2) R.S. No. 251/2, measuring 04 Acre-00 guntas situated at Itagi of Ron taluk and Gadag District.

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iv) Issue such other reliefs as this Hon'ble Court deems fit in the circumstances of the case.

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Learned counsel appearing for the petitioners

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would submit that issue in the lis stands answered by the Co-ordinate bench of this Court in Crl.P.No.102829/2021,

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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dated 12.8.2021, wherein the Co-ordinate bench has held

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as follows:

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ORDER

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In this writ petition, the petitioners have sought for the following reliefs:

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i) Issue a Writ in the nature of certiorari quashing the impugned entry based on mutation dated 21.03.2016 at column No.9 and 12 in ROR in respect of Sy.No.373/2 measuring 8 acres situated at Dandapur Village, Tq: Nargund, Dist: Gadag vide AnnexureC.

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ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.

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2. Heard learned counsel for the

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petitioners and learned HCGP for respondent Nos.1 to 4 and learned counsel for the respondent No.5. Perused the

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material on record.

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3. In addition to reiterating the various contentions urged in the

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5 - NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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Memorandum of Petition and referring to various documents produced, learned counsel for the petitioners submits that despite the name of the petitioners being found in the revenue records in respect of the subject property, in particular, at column Nos.9 and 12, the respondentsauthorities have proceeded to delete the name of the petitioners and insert the name of the “Jumla Masjid and Makaan, Naragund” without notifying the petitioners or hearing them in violation of principles of natural justice and without resorting to mutation proceedings as mandatorily required under Sections 128 to 131 of the Karnataka Land Revenue Act, 1964 and as such, the petitioners are before this Court by way of the present petition.

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4. As rightly contended by learned counsel for the petitioners, in the light of the material on record, which clearly

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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establishes that though the names of the petitioners were found in the revenue records in particular at column Nos.9 to 12(2), the impugned revenue records at Annexure-C inserting the name of the “Jumla Masjid and Makaan, Naragund” in both the aforesaid columns without notifying the petitioners or hearing them and without resorting to the mandatory procedures prescribed under Sections 128 to 130 of the Land Revenue Act, 1964 is clearly illegal and in violation of principles of natural justice and the same deserves to be quashed in view of the decisions of this

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Court in the cases of Sri. Sharanabasappa Vs. The State of Karnataka and others (W.P.No. 147421/2020 dated 12.10.2020) and Abdul Samad and another Vs. The State of Karnataka and others (W.P.

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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No.101122/2021 dated 26.03.2021) ,

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referred to supra.

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5. In view of the aforesaid facts and

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circumstances, I pass the following:

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ORDER

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i) The petition is allowed.

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ii) The impugned revenue records showing the names of “Jumma Masjid and Makaan, Nargund” in respect of Sy.No.373/2 measuring 8 acres situated at Dandapur are hereby quashed.

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iii) Respondents are directed to restore and enter the names of the petitioners in all the revenue records in respect of the aforesaid subject properties within a period of two months from the date of receipt of a copy of this order.

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iv) Liberty is reserved in favour of respondents-authorities to take such steps as available in law.

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8 - NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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4. Learned AGA on perusal of the judgment would

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accept that the issue in the lis stands answered by the Co-ordinate Bench ( supra ).

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For the aforesaid reasons, the following:

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ORDER

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i) The writ petition is allowed.

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ii) The impugned mutation entry bearing No.H.10/2019-20, dated 26/07/2019 at column No. 9 and 12 in ROR respect of land bearing R.S.NO.250/2, measuring 04 acre-38 guntas situated at Itagi of Ron taluk and Gadag district is hereby quashed.

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iii) Respondents are directed to restore and enter the names of the petitioners in all the revenue records in respect of the aforesaid subject properties within a period of two months

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NC: 2023:KHC-D:11958 WP No. 100125 of 2023

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from the date of receipt of a copy of this order.

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