Allowed

Shobha v. the State of Karnataka and Ors.

Karnataka HC8 Jan 2024WP/200024/2024

Case brief

AI extract

What is this about?

Writ petition against entries made in the name of the Karnataka State Wakf Board in the Record of Rights and mutation. Court found a violation of natural justice and procedure, quashing the mutation and directing removal of the Wakf Board's name from the property records.

What did the court decide?

1. Tahasildar directed to delete the name of Karnataka State Wakf Board from Record of Rights and restore previous entry. 2. Mutation bearing No.MR T-12 dated 26.08.2017 quashed.

Shobha Vs the State of Karnataka and Ors. — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC-K:240 WP No. 200024 of 2024

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 8^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO.200024 OF 2024 (KLR-RR/SUR)

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BETWEEN:

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SMT. SHOBHA W/O ANAND GUTTEDAR, AGE: 49 YEARS, OCC: HOUSE WIFE, R/O H.NO.2-910/65/89, DOCTORS COLONY, KUSNOOR ROAD, KALABURAGI – 585 106.

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…PETITIONER

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(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)

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AND:

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Digitally signed by B NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU – 560 001.

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THE REGIONAL COMMISSIONER, KALABURAGI, DIST: KALABURAGI – 585 102.

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DEPUTY COMMISSIONER, KALABURAGI, AT KALABURAGI – 584 102.

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THE ASSISTANT COMMISSIONER, KALABURAGI – 585 101.

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NC: 2024:KHC-K:240 WP No. 200024 of 2024

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TAHSILDAR, AFZALPUR, AT AFZALPUR – 585301

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KARNATAKA STATE WAKF BOARD, NO.6, CUNNINGHAM ROAD, VASANT NAGAR, BENGALURU – 560 051. REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI. VEERANAGOWDA M.BIRADAR., AGA FOR R1 TO R5; SRI. P.S.MALIPATIL., ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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

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ORDER

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Sri.Chaitanyakumar Chandriki., learned counsel for the petitioner and Sri.Veeranagowda M.Biradar., learned AGA for respondents 1 to 5 have appeared in person.

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Sri.P.S.Malipatil., learned counsel for respondent No.6 has appeared thorough video conferencing.

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Though the petition is listed today for preliminary hearing, with the consent of the learned counsel for the respective parties, it is heard finally.

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3 - NC: 2024:KHC-K:240 WP No. 200024 of 2024

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The captioned Writ Petition is filed challenging the entries made in the name of sixth respondent i.e., Karnataka State Wakf Board in respect of land bearing Sy.No.15*6 measuring 02 Acres 16 Guntas situated at Choudapur Village, Afzalpur Taluk, Kalaburagi District.

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This Court has noticed that above said entries are made in violation of principles of natural justice and procedure contemplated under the Karnataka Land Revenue Act, 1964. Under similar circumstances, the Co-ordinate Bench of this Court has allowed the Writ Petition and granted the relief to the petitioner in W.P.No.200105/2023. This petitioner is also similarly placed.

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The Tahasildar – fifth respondent is directed to delete the name of Karnataka State Wakf Board in Column No.11 of the Record of Rights of the petition property within two months from the date of receipt of the certified copy of this order and to restore the entry in respect of petition property as it stood earlier to impugned entry.

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NC: 2024:KHC-K:240 WP No. 200024 of 2024

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However, it is made clear that this Court has not expressed any opinion on the rights of the petitioner and contesting respondents.

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The Tahasildar may initiate proceedings for effecting changes in the property records, if so advised in accordance with the law. In such an event, the Tahasildar shall issue notice to the petitioner and Karnataka State Wakf Board before proceeding further in the matter.

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The impugned mutation bearing No.MR T-12 dated:

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26.08.2017 vide Annexure-B is quashed.

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Resultantly, the Writ Petition is allowed.

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Sd/JUDGE

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List No.: 1 Sl No.: 1

Shobha v. the State of Karnataka and Ors.

Case brief

What is this about?

What did the court decide?

Shobha v. the State of Karnataka and Ors.

Case brief

What is this about?

What did the court decide?

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