AI Structured Summary
Not yet generated for this judgment
Judgment
Jyoti Mulimani, J
Sri.Chaitanyakumar Chandriki., learned counsel for the petitioner and Sri.Veeranagouda Malipatil., learned HCGP for respondents 1 to 5 have appeared in person.
Sri.P.S.Malipatil., learned counsel for respondent No.6 has appeared thorough video conferencing.
Though the petition is listed today for preliminary hearing, with the consent of the learned counsel for the respective parties, it is heard finally.
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*2 measuring 02 Acres 16 Guntas situated at Choudapur Village, Afzalpur Taluk, Kalaburagi District.
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.
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.
However, it is made clear that this Court has not expressed any opinion on the rights of the petitioner and contesting respondents.
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.
The impugned mutation bearing No.MR T-12 dated:26.08.2017 vide Annexure-B is quashed.
Resultantly, the Writ Petition is allowed.