Case Note & Summary
The petitioner, Smt. Chennamma, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging an order dated 14.02.2022 passed by the Assistant Commissioner, Lingasugur (3rd respondent). The impugned order directed the entry of the 5th respondent, the District Wakf Officer, Raichur, in column nos. 9 and 11 of the revenue records of the petitioner's land in Sy.No.179/5 of Karadkal Village, Tq. Lingasugur, Dist. Raichur. The petitioner contended that the order was passed without any notice or opportunity of hearing to her, in violation of principles of natural justice. The respondents, including the Regional Commissioner, Deputy Commissioner, Assistant Commissioner, Tahasildar, and District Wakf Officer, were represented by counsel. The court, after hearing the parties, found that the impugned order was indeed passed without notice to the petitioner and without following due process. The court held that such an order cannot be sustained and accordingly quashed the order dated 14.02.2022. The court further directed the respondents to delete the entry of the 5th respondent's name from the revenue records of the petitioner's land. The writ petition was allowed with the above directions.
Headnote
A) Constitutional Law - Writs - Certiorari and Mandamus - Articles 226 and 227 of the Constitution of India - Petitioner challenged order of Assistant Commissioner directing entry of Waqf Board's name in revenue records of her land without notice or hearing - Court held that the order was passed in violation of principles of natural justice and quashed it, directing deletion of the entry - Held that no order adverse to a party can be passed without affording an opportunity of hearing (Paras 1-3).
Issue of Consideration
Whether the impugned order dated 14.02.2022 passed by the Assistant Commissioner, Lingasugur, directing entry of the 5th respondent's name in the revenue records of the petitioner's land, was valid when passed without notice or hearing to the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 14.02.2022 bearing No. SAM/KKAM/DEVASTAN/12/2021-22 passed by the 3rd respondent is quashed. The respondents are directed to delete the entry of the 5th respondent's name in column nos. 9 and 11 of the revenue records of the petitioner's land in Sy.No.179/5 of Karadkal Village, Tq. Lingasugur, Dist. Raichur.
Law Points
- Natural justice
- Right to be heard
- Waqf property
- Revenue records
- Writ of certiorari
- Writ of mandamus
