Facts
The petitioners, claiming through Sanna Narsanna, asserted that Survey No. 29/B fell to his branch in a 1963 partition and was later subdivided, with Survey No. 29/B1 allotted to Mahadevappa.
Source reference: p. 5–8In 1999, the names of respondents 9 and 10 were entered in the revenue records for 2 acres 16 guntas under MR No. 30/1999.
Source reference: p. 5–8The petitioners’ challenge was dismissed by the Assistant Commissioner and, in revision under Section 136(3) of the Karnataka Land Revenue Act, 1964, by the Deputy Commissioner.
Source reference: p. 5–8They then sought relief under Article 227 of the Constitution.
Source reference: p. 5–8The High Court noted that the mutation entry referred to a partition deed but did not disclose its material particulars or the basis for the entry.
Source reference: p. 7Issues
1. Whether the Assistant Commissioner’s and Deputy Commissioner’s orders, and MR No. 30/1999, should be set aside where the mutation entry did not disclose its basis and the parties’ claims required reconsideration on the relevant revenue records.
Source reference: p. 7–92. Whether the petitioners’ claim to the subject land could be finally determined in the writ proceedings, or should instead be reconsidered by the Assistant Commissioner after hearing both sides.
Source reference: p. 8–9Law Applied
The Court considered the revisional jurisdiction under Section 136(3) of the Karnataka Land Revenue Act, 1964, and its supervisory jurisdiction under Article 227 of the Constitution.
Source reference: p. 5, 7It directed reconsideration of the revenue appeal on its merits, with an opportunity for both parties to produce relevant material and with verification of earlier revenue records.
Source reference: p. 10The Court cited no precedent and did not finally determine title; it expressly treated its observations as prima facie.
Source reference: p. 9Reasoning
The revenue records from 1963 indicated that Survey No. 29/B had fallen to the branch of Sanna Narsanna, and the petitioners claimed through that branch.
Source reference: p. 7–8The Court also noted that the petitioners’ names had been recorded before being replaced in respect of Survey No. 29/B1, while MR No. 30/1999 did not set out the particulars or basis of the partition deed it referenced.
Source reference: p. 7–8Given the need to assess the parties’ respective documents and the earlier revenue records, the Court considered a fresh merits determination by the Assistant Commissioner appropriate, rather than itself deciding the parties’ substantive rights.
Source reference: p. 8–9Holding
The Court allowed the writ petition, set aside the Deputy Commissioner’s order dated 7 January 2025, the Assistant Commissioner’s order dated 29 November 2023, and MR No. 30/1999 dated 22 June 1999.
It remitted the appeal to the Assistant Commissioner for fresh consideration on the merits, in accordance with law, after giving both parties sufficient opportunity and verifying the earlier land revenue records.
Source reference: p. 10No order was made as to costs.
Source reference: p. 10Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Karnataka Land Revenue Act, 19641
Original Court PDF
MR. MAHADEVAPPA DEAD BY LRS 1 SMT. BASAMMAvsSTATE OF KARNATAKA
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