NIYAMATH AFZAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri.S.S.Halalli., learned counsel for the petitioners, Sri.Veeranagouda Malipatil., learned HCGP for respondents 1 to 4 and Sri.Liyaqat Fareed Ustad., learned counsel for the respondent No.5 have appeared in person.

(2.) The captioned Writ Petition is filed seeking following reliefs: I. Issue a Writ of Certiorari or any other order in the like nature quashing the mutation order dtd.:9/8/2017 vide MR Number: T-26 in respect of Sy.No.648 measuring 14 Acres 17 Guntas and Sy.No.651/3 measuring 23 Acres 35 Guntas and vide MR Number: T-30 in respect of Sy.No.634/3 measuring 02 Acres 32 Gunta and Sy.No.634/8 measuring 02 Acres 20 Guntas situated at Afzalpur passed by the Tahasildar vide Annexures-G & H and further direct the respondent Tahasildar to delete the name of Wakf Board from Column No.11 of RTC, in the interest of justice and equity. II. Or pass any other order as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity. The Writ of Mandamus is also sought to delete the name of the Karnataka State Wakf Board - fifth respondent in Column No.11 of Record of Rights. This Court has noticed that the entries in the Record of Rights 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 petitioners are also similarly placed. The impugned mutation order dtd.:9/8/2017 vide MR Number: T-26 in respect of Sy.No.648 measuring 14 Acres 17 Guntas and Sy.No.651/3 measuring 23 Acres 35 Guntas and vide MR Number: T-30 in respect of Sy.No.634/3 measuring 02 Acres 32 Guntas and Sy.No.634/8 measuring 02 Acres 20 Guntas situated at Afzalpur passed by the Tahasildar vide Annexures-G & H are quashed. The Tahasildar is directed to delete the name of Karnataka State Board of Wakf in Column No.11 of the Record of Rights of the petition properties within four months from the date of receipt of certified copy of this order and to restore the entry in respect of petition properties as it stood earlier to impugned entry. With the above observations, the Writ Petition is allowed.