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Mohammed Sadiq Ali vs the State of Karnataka and Ors

Mohammed Sadiq Ali vs The State of Karnataka and Ors

Type Court Judgment Court Karnataka Kalaburagi Decided Feb 22, 2024
~3 min read
https://sooperkanoon.com/case/1849292

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Citation
Court
Karnataka Kalaburagi High Court
Judge
Decided On
Case Number
WP/200514/2024

Parties & Advocates

Appellant / Petitioner

Mohammed Sadiq Ali

Respondent

The State of Karnataka and Ors

Excerpt

.....made in the name of fourth respondent i.e., karnataka state board of wakf in respect of land bearing sy.no.105/1 measuring 04 acres 05 guntas situated at kare budur village, raichur taluk, raichur district.4. learned counsel for the petitioner and therespondents have urged several contentions. heard, the contentions urged on behalf of the respective parties and perused the writ papers with utmost care. -3- a perusal of the writ petition would indicate that the revenue authorities have not followed the principles of natural justice before incorporating the name of wakf board in the revenue records pertaining to the land belonging to the petitioner.5. in that view of the matter, without expressing anyopinion on the merits of the case, the matter is remitted to the third respondent - tahsildar to consider the plea made by the petitioner in accordance with the law and thereafter, take appropriate action in the matter. the respondent - tahsildar is directed to delete the entry made in the name of wakf board in column no.11 of the record of rights and to restore the name of the petitioner in the record of rights in respect of the land of the petitioner, within four weeks from the date of receipt of the certified copy of this order.6. resultantly, the writ petition is disposed of. sd/- judge nb/mrp list no.: 1 sl no.: 3

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 22ND DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.200514 OF 2024 (KLR-RR/SUR) BETWEEN: MOHAMMED SADIQ ALI S/O LATE RAHMAN ALI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O KARE BUDUR, TALUK AND DISTRICT: RAICHUR - 484 101. …PETITIONER (BY SRI.ANNARAYA M.PATIL., ADVOCATE) AND:

1. THE STATE OF KARNATAKA

BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. Digitally signed by B NAGAVENI 2. DEPUTY COMMISSIONER, Location: High RAICHUR - 484 101. Court Of Karnataka

3. THE TAHASILDAR, RAICHUR, TALUKA: RAICHUR, DISTRICT: RAICHUR - 484 101.

4. KARNATAKA STATE WAKF BOARD,

NO.6, CUNNINGHAM ROAD, VASANT NAGAR, BENGALURU-560 051, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI.VEERANAGOWDA M.BIRADAR., AGA FOR R1 TO R3; SRI.NARESH V.KULKARNI., ADVOCATE FOR R4) -2- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Sri.Annaraya M.Patil., learned counsel for the petitioner and Sri.Veeranagowda M.Biradar., learned AGA for respondents 1 to 3 have appeared in person.

2. Though the petition is listed today for preliminary hearing, with the consent of the learned counsel for the respective parties, it is heard finally.

3. The captioned Writ Petition is filed challenging the

entries made in the name of fourth respondent i.e., Karnataka State Board of Wakf in respect of land bearing Sy.No.105/1 measuring 04 Acres 05 Guntas situated at Kare Budur Village, Raichur Taluk, Raichur District.

4. Learned counsel for the petitioner and the

respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care. -3- A perusal of the Writ Petition would indicate that the revenue authorities have not followed the principles of natural justice before incorporating the name of Wakf Board in the revenue records pertaining to the land belonging to the petitioner.

5. In that view of the matter, without expressing any

opinion on the merits of the case, the matter is remitted to the third respondent - Tahsildar to consider the plea made by the petitioner in accordance with the law and thereafter, take appropriate action in the matter. The respondent - Tahsildar is directed to delete the entry made in the name of Wakf Board in column No.11 of the record of rights and to restore the name of the petitioner in the record of rights in respect of the land of the petitioner, within four weeks from the date of receipt of the certified copy of this order.

6. Resultantly, the Writ Petition is disposed of. Sd/- JUDGE NB/MRP List No.: 1 Sl No.: 3

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Same Court & Year Karnataka Kalaburagi · 2024 Same Parties Mohammed Sadiq Ali vs The State of Karnataka and Ors Same Judge Jyoti Mulimani

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