ANWAR UL HAQ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are directed against the impugned order dated 09.08.2017 at Annexure-D, passed by the Regional Commissioner, Kalaburagi, making entry in the name of Hazrath Khaja Bande Nawaz Darga in the Revenue Records pertaining to Sy.No.53 to the extent of 11 acres 15 guntas situated at Vakkalgera village, Tq. and Dist.Kalaburagi.

(2.) It is the contention of the petitioners that while the Land Tribunal granted occupancy rights in respect of the land in question in favor of Smt.Shahana Nafez W/o Anwar Ul Haq by order dated 26.11.2002 and thereafter her name was entered in the revenue records. It is further contended that the 2nd respondent has passed the impugned order dated 09.08.2017 which is a general order, based on which the name of Smt. Shahana Nafez has been removed and in her place the name of Hazrath Khaja Bande Nawaz Darga has been entered with respect to the land in question in the revenue records.

(3.) In this regard, learned counsel brings to the notice of this court a decision of the Division Bench of this court in W.P.Nos.200085-86/2016 which was disposed of on 10.07.2019. It is seen from the said decision where under similar circumstances, the Division Bench of this court has directed the respondent No.1 to reconsider the entries in the revenue records after affording an opportunity of hearing to both the parties, notifying the interested persons and thereafter it was directed that the Tahsildar has to pass appropriate orders, in accordance with law. Learned counsel has also brought to the notice of this court another decision of the co-ordinate bench in the case of Syed Sadiq Hussaini and Others vs. State of Karnataka and Others in W.P.No.201620/2017 which was decided on 13.12.2017. In that case, the order of the Tahsildar was set aside while remitting the matter back for reconsideration at the hands of the Tahsildar after giving an opportunity of hearing to all the concerned persons.