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 citationThe 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.3The Tahsildar later entered the Government’s name in the records.
Source reference: no citationThe 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 citationIn an earlier writ petition, the High Court remanded the revision for reconsideration after hearing the petitioner and other concerned parties.
Source reference: pp.4–5On remand, the Deputy Commissioner again dismissed the revision, relying on a reference in the 2013–14 record to a court decree.
Source reference: p.5The petitioner challenged the Tahsildar’s, Assistant Commissioner’s and Deputy Commissioner’s orders in this petition.
Source reference: no citationIssues
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.5–72. Whether the impugned revenue orders should be set aside and the petitioner’s name restored to the revenue records.
Source reference: pp.7–8Law 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.4The 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.6–7No judicial precedent was cited.
Source reference: no citationReasoning
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.5The 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.6–7The 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.6–7In the absence of supporting material, the Government’s entry lacked a sufficient basis.
Source reference: no citationHolding
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.8No order as to costs was made.
Source reference: p.8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Karnataka Land Revenue Act, 19641
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PRABHAKARvsTHE DEPUTY COMMISSIONER AND ORS
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