Karnataka High Court
Administrative and Public LawProperty and Real Estate Law

Government’s name cannot be entered in revenue records based on an unspecified, unverified court decree.

PRABHAKAR vs THE DEPUTY COMMISSIONER AND ORS

Karnataka High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Government’s name cannot be entered in revenue records based on an unspecified, unverified court decree.. PRABHAKAR vs THE DEPUTY COMMISSIONER AND ORS. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The land at issue comprised Survey No. 106/E/1, measuring 2 acres, granted to Hanamanthappa, and Survey No. 106/E/2, measuring 1 acre, granted to Bheemayya.

Source reference: no citation

The petitioner purchased the latter from Bheemayya by registered sale deed dated 17 June 1999, after expiry of the grant restriction, and his name was entered in the revenue records.

Source reference: p.3

The Tahsildar later entered the Government’s name in the records.

Source reference: no citation

The petitioner’s appeal to the Assistant Commissioner was dismissed, as was his revision under Section 136(3) of the Karnataka Land Revenue Act, 1964.

Source reference: no citation

In an earlier writ petition, the High Court remanded the revision for reconsideration after hearing the petitioner and other concerned parties.

Source reference: pp.4–5

On remand, the Deputy Commissioner again dismissed the revision, relying on a reference in the 2013–14 record to a court decree.

Source reference: p.5

The petitioner challenged the Tahsildar’s, Assistant Commissioner’s and Deputy Commissioner’s orders in this petition.

Source reference: no citation
02

Issues

1. Whether the Deputy Commissioner could uphold the Government’s entry in the revenue records based on a reference to a court decree without identifying the decree or establishing that it concerned the same land and bound the petitioner.

Source reference: pp.5–7

2. Whether the impugned revenue orders should be set aside and the petitioner’s name restored to the revenue records.

Source reference: pp.7–8
03

Law Applied

Section 136(3) of the Karnataka Land Revenue Act, 1964, provided the basis for the petitioner’s revision before the Deputy Commissioner.

Source reference: p.4

The Court’s reasoning proceeded on the principle that a revenue entry cannot be sustained on an unsubstantiated reference to a court decree: the authority must have material establishing the decree’s nature and its relevance to the land and parties concerned.

Source reference: pp.6–7

No judicial precedent was cited.

Source reference: no citation
04

Reasoning

The petitioner produced revenue records showing his name from the date of purchase, while the Deputy Commissioner relied on the 2013–14 record’s reference to a decree dated 1 August 2002.

Source reference: p.5

The Deputy Commissioner did not identify the case number or nature of that decree, and the record contained no material showing that it concerned the land in question or had been passed against the petitioner.

Source reference: pp.6–7

The Court also noted that the petitioner’s name had remained in the revenue records from the purchase until the Government’s name was entered, with the mutation entry referring to both the asserted decree and the petitioner’s status as a Government employee.

Source reference: pp.6–7

In the absence of supporting material, the Government’s entry lacked a sufficient basis.

Source reference: no citation
05

Holding

The Court allowed the writ petition and set aside the Tahsildar’s order dated 1 August 2015, the Assistant Commissioner’s order dated 5 February 2015 and the Deputy Commissioner’s order dated 4 November 2022.

It directed the Tahsildar to enter the petitioner’s name in the revenue records for Survey Nos. 106/E/1, measuring 2 acres, and 106/E/2, measuring 1 acre, within three months of receiving the order.

Source reference: p.8

No order as to costs was made.

Source reference: p.8
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.

Karnataka Land Revenue Act, 19641

Section 136
Karnataka High Court

Original Court PDF

PRABHAKARvsTHE DEPUTY COMMISSIONER AND ORS

Karnataka High Court · October 06, 2026

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