Syed Mohiuddin Vs the Karnataka State Board of… — Writ and Judicial Review | Karnataka HC (2025)

Syed Mohiuddin Vs the Karnataka State Board of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: entry in column No.11 of the ROR in the name of respondent No.1 (Karnataka State Board of Auqaf) in respect of Sy.No.147/3 (2 Acres) and Sy.No.148 (2 Acres 20 Guntas), Nelagi village, Bhalki Taluk, Bidar District, ordered to be deleted; respondent No.2 (Tahsildar, Bhalki) to make necessary enquiry and proceed in accordance with law, with notice to the writ petitioner before conducting enquiry and making any fresh entries. Costs, though prayed for, were not granted.

Issue for consideration

Whether the entry made in column No.11 of the Record of Rights in the name of respondent No.1 (Karnataka State Board of Auqaf) in respect of lands Sy.No.147/3 and Sy.No.148 of Nelagi village, Bhalki Taluk, Bidar District, was made without legal basis and without enquiry, and is liable to be deleted at the instance of the petitioner claiming to be absolute owner.

Court's answer

This Court found that the entry of the name of respondent No.1 in column No.11 of the ROR in respect of the subject property is without basis and devoid of proper enquiry, and therefore considered it desirable to allow the writ petition.

Ratio / Principle

The entry made in column No.11 of the ROR in the name of respondent No.1 in respect of lands in Sy. No.147/3 (2 Acres) and Sy. No.148 (2 Acres 20 Guntas) of Nelagi village, Bhalki Taluk, Bidar District is ordered to be deleted.

Key takeaways

Respondent No.2 is directed to make necessary enquiry and to take appropriate steps in accordance with law regarding the subject property.ratio¶36
Before conducting the enquiry and making any entries in column No.11 of the ROR in respect of the subject property, notice must be issued to the writ petitioner.ratio¶37

Detailed headnote1 paragraphs

High Court of Karnataka, Kalaburagi Bench (Dr. Justice Chillakur Sumalatha), Order dated 25.03.2025 in WP No. 200919 of 2025 (KLR-RR/SUR): Petitioner Syed Mohiuddin, claiming to be absolute owner having succeeded to the property from his father, sought a writ of mandamus under Articles 226 and 227 of the Constitution directing the Tahsildar, Bhalki (respondent No.2) to delete the entry made in column No.11 of the Record of Rights in favour of the Karnataka State Board of Auqaf (respondent No.1) in respect of Sy.No.147/3 (2 acres, R.A. Rs.6.80 ps.) and Sy.No.148 (2 acres 20 guntas, prop. R.A. Rs.18.75 ps.) at Nelagi village, Bhalki Taluk, Bidar District, contending the entry was incorporated without any enquiry. Learned counsel for respondent No.1 submitted that in similarly placed matters, including W.P.No.200153/2023, this Court had set aside such changes with liberty to conduct a detailed enquiry; the learned AGA conceded the insertion was made without enquiry. Holding the entry 'without basis and devoid of proper enquiry', the Court allowed the writ petition and directed (i) deletion of the impugned entry; (ii) respondent No.2 to make necessary enquiry and take appropriate steps in accordance with law; and (iii) issuance of notice to the writ petitioner before conducting the enquiry and making any fresh entries in column No.11 of the ROR.

1 - NC: 2025:KHC-K:1927 WP No. 200919 of 2025

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

WRIT PETITION NO.200919 OF 2025 (KLR-RR/SUR)

BETWEEN:

SYED MOHIUDDIN S/O SYED AZEEMUDDIN, AGED ABOUT 54 YEARS, OCC: AGRICULTURE AND MECHANIC, R/O H.NO.4-1-9, NOOR KHAN TALEEM, CHOWBARA ROAD, BIDAR – 585 401.

…PETITIONER

(BY SRI. HANMANTHRAYA SINDOL, ADVOCATE)

AND: Digitally signed by VARSHA N 1. THE KARNATAKA STATE BOARD OF AUQAF RASALKAR NO.6, CUNNINGHAM ROAD, Location: High Court Of BENGALURU – 560 001, Karnataka BY ITS CHIEF EXECUTIVE OFFICER. 2. THE TAHSILDAR, BHALKI – 585 328, DIST: BIDAR.

…RESPONDENTS

(BY SRI. P. S. MALIPATIL, ADVOCATE FOR R1; SRI. MALLIKARJUN SAHUKAR, AGA FOR R2)

2 - NC: 2025:KHC-K:1927 WP No. 200919 of 2025

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO DELETE THE ILLEGAL ENTRY IN COL. NO.11 OF THE ROR IN THE NAME OF RESPONDENT NO.1 IN RESPECT OF LANDS SY.NO.147/3 MEASURING 02 ACRES WITH R.A. OF RS.6.80 PS. AND LAND SY.NO. 148 MEASURING 2 ACRES 20 GUNTAS WITH PROP. R.A. OF RS.18.75 PS., BOTH ARE SITUATED AT NELAGI VILLAGE, TQ. BHALKI, DIST. BIDAR AND ALLOW THIS WRIT PETITION WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS COURT MAY DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

(PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

Heard Sri Hanmanthraya Sindol, learned counsel for

the writ petitioner, who appears through video conference, Sri P.S. Malipatil, learned standing counsel for respondent No.1-Wakf Board, who also appears through video conference and learned Additional Government Advocate, who represents respondent No.2.

This writ petition is filed seeking the Court to

issue a writ of mandamus directing respondent No.2 to

3 - NC: 2025:KHC-K:1927 WP No. 200919 of 2025

delete the entry that was made in column No.11 of the Record of Rights in the name of respondent No.1 in respect of lands in Sy. No.147/3 admeasuring 2 Acres and Sy. No.148 admeasuring 2 Acres 20 Guntas, which are located in Nelagi village, Bhalki Taluk, Bidar District.

Learned counsel for the writ petitioner submits that the petitioner is the absolute owner of the subject property and he succeeded to the said property from his father. The 2^nd respondent without any basis incorporated the name of the 1^st respondent in the RTC in respect of the said property. The said incorporation of the name of the 1^st respondent is without any basis. Incorporation was done without conducting any enquiry whatsoever and thereby causing loss to the petitioner. Therefore, the petitioner is before this Court, seeking appropriate relief.

Learned standing counsel who represents respondent No.1 submits that in the similarly placed circumstances, this Court disposed of number of writ petitions including W.P.No.200153/2023, by which the

4 - NC: 2025:KHC-K:1927 WP No. 200919 of 2025

changes effected were set aside and liberty was granted to the concerned to conduct detailed enquiry and to make incorporation of name or entries in column No.11 of the ROR, if required and therefore, similar order may be passed.

Learned Additional Government Advocate submits that the insertion was made without any enquiry being conducted and therefore, the writ petition may be disposed of granting liberty to respondent No.2 to make necessary enquiry and to proceed in accordance with law.

Having considered the submissions thus made and as it is clearly brought to the notice of this Court that the entry of the name of respondent No.1 in column No.11 of the ROR in respect of subject property is without basis and devoid of proper enquiry, this Court considers desirable to allow the writ petition.

Thus, the writ petition is allowed with the following:

5 - NC: 2025:KHC-K:1927 WP No. 200919 of 2025

ORDER

(i) The entry made in column No.11 of the ROR in the name of respondent No.1 in respect of lands in Sy. No.147/3 admeasuring 2 Acres and Sy. No.148 admeasuring 2 Acres 20 Guntas of Nelagi village, Bhalki Taluk, Bidar District is ordered to be deleted.

(ii) Respondent No.2 to make necessary enquiry and to take appropriate steps in accordance with law.

(iii) Before conducting enquiry and making entries in column No.11 of the ROR in respect of the subject property, notice to the writ petitioner be issued.

Sd/(Dr.CHILLAKUR SUMALATHA) JUDGE

LG

List No.: 1 Sl No.: 41