Mr. Syed Vazeer v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16084 OF 2026 (KLR-RR/SUR) BETWEEN:

MR. SYED VAZEER, S/O LATE SYED MOHAMMED, AGED ABOUT 70 YEARS, RESIDING AT NO.33, 1ST MAIN, BELLAHALLI, BENGALURU NORTH, BENGALURU - 560 064. …PETITIONER (BY SRI. HUCHCHAPPA J KARIGAR., ADVOCATE) AND:

¶1STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE - 560 001.

¶2THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, M S BUILDING, BANGALORE - 560 001.

¶3ASSISTANT COMMISSIONER, BENGALURU NORTH DIVISION,

Location: HIGH COURT OF KARNATAKA

KANDAYA BHAVAN, GANDHINAGAR, BENGALURU - 560 009.

¶4THE SPECIAL TAHSILDAR, BENGALURU NORTH (ADDITIONAL), YELAHANKA TALUK, BENGALURU - 560 009.

¶5KARNATAKA STATE BOARD OF WAKFS, "DARUL AWKAF", REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NO.6, CUNNINGHAM ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SRI.SHAMANTH NAIK, AGA FOR R1 TO R4; SRI.P.USMAN, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF THE 3RD RESPONDENT, CULMINATING IN THE PASSING OF THE ORDER IMPUGNED AS PER ANNEXURE-G AND THE CONSEQUENT MUTATION OF THE REVENUE RECORDS INTO THE NAME OF THE RESPONDENT NO.5, IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel, Sri. Huchchappa J. Karigar appearing for the petitioner and Sri. Shamanth Naik, learned Additional Government Advocate, appearing for respondent No.1 to 4 and Sri. P. Usman, learned counsel appearing for respondent No.5.

¶2The petitioner is before this Court, seeking for the following prayer: "[a] To call for records on the file of the 3rd respondent, culminating in the passing of the Order Impugned as per Annexure-G and the consequent mutation of the revenue records into the name of the Respondent No.5, in respect of the Schedule Property.

[b] Issue a Writ of Certiorari, Similar Writ, Order or Direction and quash the Order of the Respondent No.3, in so far as the same relates to the Schedule Property, bearing RRT/U/CR168/2018-19 dated

15.02.2019, produced as at Annexure G;

c] Issue a Writ of Certiorari, Similar Writ, Order or Direction and quash the Order of the Respondent No.4, in so far as the same relates to the Schedule Property, bearing RRT/Y/C/288/2025-26 dated 27-01-2026, produced as at Annexure H;

[d] Issue a Writ of Mandamus, Similar Writ, Order or Direction and direct the Respondent No.3 and 4 to remove

/ delete the name of the 5th respondent in column No.11 of RTC in respect of SYNo.10, measuring 3 Acres 8 Guntas of Bellahalli Village, forthwith;

[e] To grant such other relief or reliefs as this Hon'ble court deems fit to grant in the facts and circumstances of the case."

¶3Learned counsel appearing for petitioner submits that the issue in the lis stands covered by the judgment rendered by this Court in W.P.No.4752/2026 c/w W.P.No.4327/2026 disposed on 18.09.2026, wherein it has held as follows: "Heard Sri Ashok Haranahalli, learned Senior Counsel appearing on behalf of Sri Huchchappa J Karigar, learned counsel appearing for the petitioners, Smt.Sabahath Sultana, learned counsel appearing for respondent No.5 - Karnataka State Board of Wakfs and Sri Shamanth Naik, learned Additional Government Advocate appearing for respondent Nos.1 to 4.

¶2Sri Ashok Haranahalli, learned Senior Counsel appearing for the petitioners, invited the attention of the Court to the order of grant made in Case No.5/1960-61 in WP No.4752/2026 and Case Nos.41 and 72/1960-61 in WP No.4327/2026 passed by the Additional Special Deputy Commissioner Inams Abolition, Bangalore, (Annexure A) and the deed of sale of agricultural land dated 21.08.1981 (Annexure-C in WP No.4752/2026),

and submitted that, the petitioners are the grantees of the land in question. However, the respondent - Authorities, based on the letter dated 15.02.2019 (Annexure-J), has changed the mutation and other revenue records in respect of the subject land. Therefore, sought for interference of this Court.

¶3It is also the submission of the learned Senior Counsel appearing for petitioners, by referring to the order dated 05.11.2012 in WA No.5591/2011 (Annexure - G), and contended that, the impugned letter at Annexure - J requires to be set aside as the respondent No.5 has no legal right over the land in question, and therefore, sought for interference of this Court.

¶4Per contra, Smt.Sabahath Sultana, learned counsel appearing for respondent No.5 sought to justify the impugned letter at Annexure - J.

¶5Sri Shamanth Naik, learned Additional Government Advocate appearing for respondents No.1 to 4 sought to defend Annexure - J.

¶6In the light of submissions made by the learned counsel appearing for the parties, the petitioners are claiming right over the property based on the occupancy right granted by Additional Special Deputy Commissioner Inams Abolition, Bangalore in Case No.5/1960-61 in WP No.4752/2026 and Case Nos.41 and 72/1960-61 in WP No.4327/2026 and the deed of sale of agricultural land dated 21.08.1981 (Annexure - C in WP

No.4752/2026). In that view of matter, respondent-Authorities have committed an error in entering the name of respondent No.5 in Column No.11 of the RTC extracts without providing an opportunity of hearing to the petitioners.

¶7It is also to be noted from the order dated

05.11.2012 in WA No.5591/2011 at Annexure - G, wherein it is held by the Division Bench of this Court, that if the name of the parties is mentioned in the revenue records, based on the orders passed by the competent Authorities under the Inams Abolition Act for grant of land, the same should not be interfered with unless the said order is, set aside by the competent Appellate Authority.

¶8In that view of the matter, I find force in the submissions made by the learned Senior Counsel appearing for the petitioners and accordingly the letter dated 15.02.2019 Annexure - J in respect of the land belonging to the petitioners is accordingly set aside, and the writ of mandamus is issued to the respondent Nos.2 to 4 in WP No.4752/2026 to delete the name of the respondent No.5 in column No.11 of RTC and MR No.T16/2024-25 in respect of the land bearing Sy.No.58 to an extent of 6 acres 4 guntas of Bellahalli Village, Yelahanka Taluk, Bangalore Urban District within a period of one month from the date of receipt of certified copy of this order.

¶9Respondent Nos.2 to 4 in WP No.4327/2026 are directed to delete the name of the respondent No.5 in column No.11 of RTC, MR and mutation entries in respect of land bearing Sy. Nos.8, 9 and 11 of Bellahalli Village, Yelahanka Taluk, Bangalore Urban District within a period of one month from the date of receipt of certified copy of this order.

¶10Consequently, endorsement dated

27.01.2026 (Annexure-L) issued by respondent No.4 in both petitions are hereby set aside. Accordingly, the writ petitions are allowed."

¶4In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER

(i) The Writ Petition is allowed.

(ii) The impugned Orders dated 15.02.2019 (Annexure-G) and

27.01.2026 (Annexure-H)

passed by respondents No. 3 and 4 respectively are hereby set aside.

(iii) The respondent Nos.3 and 4 are hereby directed to remove/delete the name of respondent No.5 in Column

No.11 of RTC in respect of Sy.No.10, measuring 3 Acres 8 Guntas of Bellahalli Village, within a period of one month from the date of receipt of certified copy of this order.

Ordered accordingly.

SD/- (E.S.INDIRESH) JUDGE

HR List No.: 1 Sl No.: 59