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Maher Afzal v. The State Of Karnataka

Maher Afzal v. The State Of Karnataka

(High Court Of Karnataka (circuit Bench Of Kalaburagi))

WRIT PETITION No.202196 OF 2021 (KLR-RR-SUR) | 03-11-2022

1. Learned counsel Sri Liyaqat Fareed Ustad, takes notice for respondent No.5. Learned Additional Government Advocate takes notice for respondents No.1 to 4.

2. Learned counsel for the petitioners submits that the grievance of the petitioners is regarding the illegal entry made in column No.11 of the Record of Rights in respect of Sy.No.639/1 measuring 08 acres 03 guntas; in Sy.No.639/2 measuring 02 acres and in Sy.No.639/3 measuring 12 acres 16 guntas situated at Afzalpur taluk, Kalaburagi District.

3. Leaned counsel submits that under similar circumstances, this Court has passed orders in W.P.No.200340/2021 dated 23.02.2021 and in W.P.No.200337/2021 dated 23.02.2021 holding that the entries have been made without notice to the land owner and therefore the writ petitions were allowed while quashing the impugned orders inserting the name of ‘Wakf board’ in column No.11 of Record of Rights. A writ of mandamus was issued directing the respondent-Tahsilar, to delete the name of the Wakf Board within a period of four weeks from the date of receipt of certified copy of that order. However, liberty was reserved to the Wakf Board to follow the applicable law and due procedure, if at all it has any right, title or interest in the land in question for entering the name of the Wakf board in the Record of Rights. Learned counsel prays for similar orders.

4. Learned Counsel Sri Liyaqat Fareed Ustad, appearing for respondent-Wakf Board submits that it is true that such an order has been passed by this Court.

5. Consequently, the writ petition is allowed in terms of the earlier orders passed by the co-ordinate bench in W.P.No.200340/2021 dated 23.02.2021 and in W.P.No.200337/2021 dated 23.02.2021.

6. Consequently, in view thereof and since there is a serious lapse of procedural aspect, a certiorari is issued quashing the mutation order dated 29.08.2017 inserting the name of the Wakf Board in Column 11 of the records of rights. Consequently, a mandamus is issued directing the respondent No.4- Tahsildar, Afzalpur Taluk to delete the name of respondent No.5 from the Record of Rights, within a period of four weeks from the date of receipt of certified copy of the order. Liberty is reserved to respondent No.5-Wakf Board to follow the applicable law and due procedure of law, if at all it has any right, title or interest in the said property for inserting of the name in the Records of Rights.

7. Learned Additional Government Advocate is directed to communicate this order to the Regional Commissioner, Deputy Commissioner and Tahsildar within the jurisdiction of this Court so that these kind of orders are not passed putting innocent parties at risk behind their back.

8. Accordingly, the Writ petition is allowed.

9. Learned Additional Government Advocate and the learned counsel appearing for the respondents are permitted to file their memo of appearance/ vakalath as the case may be, within a period of four weeks from today.

Advocate List
  • SRI S.S.HALALLI.

  • SRI SHIVAKUMAR .R.TENGLI,SRI LIYAQAT FAREED USTAD.

Bench
  • HON'BLE MR.JUSTICE R. DEVDAS
Eq Citations
  • LQ
  • LQ/KarHC/2022/5004
Head Note

Constitution of India — Arts. 226 and 136 — Mandamus — Writ of — Quashing of mutation order inserting name of Wakf Board in Column 11 of records of rights — Entries made without notice to land owner — Tahsildar directed to delete name of Wakf Board from Record of Rights — Liberty reserved to Wakf Board to follow applicable law and due procedure of law, if at all it has any right, title or interest in the said property for inserting of the name in Records of Rights — Wakf — Entries in Record of Rights