Karnataka High Court
Smt M.R. Padma vs State Of Karnataka on 29 July, 2024
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NC: 2024:KHC:29674
WP No. 8319 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 8319 OF 2024 (KLR-RES)
BETWEEN:
1. SMT. M.R. PADMA
W/O LATE A. MALAIAH,
AGED ABOUT 69 YEARS,
2. SRI. M. NARAYANA,
S/O A. MALAIAH,
AGED ABOUT 44 YEARS,
3. SMT. SHOBHA,
D/O LATE A. MALAIAH,
AGED ABOUT 42 YEARS,
4. SRI. BALACHANDRA M,
Digitally S/O LATE A. MALAIAH,
signed by AGED ABOUT 41 YEARS,
YAMUNA K L
PETITIONERS ARE R/AT NO.392,
Location: High
Court of 1ST CROSS, VIDYANAGARA,
Karnataka OPP. TERISSION COLLEGE, NAZARBAD,
MYSORE DISTRICT - 570 010.
...PETITIONERS
(BY SRI. MANJESH H.M, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEVELOPMENT,
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NC: 2024:KHC:29674
WP No. 8319 of 2024
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
MYSORE DISTRICT,
MYSORE - 570 001.
3. THE ASSISTANT COMMISSIONER,
MYSORE SUB DIVISION,
MYSORE - 570 001.
4. THE THASILDAR
TALUK OFFICE,
MYSORE TALUK,
MYSORE - 570 001.
5. SRI. BYBILO POVAIAH,
SO LATE POVAIAH,
AGED MAJOR,
R/AT NO.541/B, KANTOORU ROAD,
GOKULAM 3RD STAGE,
MYSORE - 570 002.
6. SRI. K.C. NAVEEN,
S/O LATE CHANGAPPA, MAJOR,
R/AT NO.905, H.R.B.R LAYOUT,
3RD B CROSS, 1ST STAGE,
BANASAWADI, BANGALORE - 560 043.
7. SRI. P.K. MONNAPPA,
S/O LATE P.K. SUBBAIAH, MAJOR,
R/AT NO.541/B, KANTOOR ROAD,
GOKULAM, 3RD STAGE,
MYSORE - 570 002.
8. SRI. N.U. APPAIAH,
S/O LATE N. UTTAIAH, MAJOR,
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WP No. 8319 of 2024
R/AT NO.12, SANNIDHI,
KANTOOR ROAD,
GOKULAM 3RD STAGE,
MYSORE - 570 002.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) DECLARE THAT
THE ORDER DATED 09/12/2020 AND PASSED BY 3RD IN RA
NO. 507/2017, R.A. 541/2018 AND 543/2018 WHICH IS
PRODUCED ALONG WITH THIS MEMORANDUM OF WRIT
PETITION AT ANNEXURE-F AND THE ORDER DATED
05/12/2023 AND PASSED BY R2 IN RP NO. 07/2021, WHICH IS
PRODUCED ALONG WITH THIS MEMORANDUM OF WP AT
ANNEXURE-G, QUASH THE SAME AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioners are assailing the orders passed by respondent No.3/Assistant Commissioner and respondent No.2/Deputy Commissioner as per Annexure-F and G.
2. The petitioners are asserting that the petition properties are their ancestral properties, originally granted -4- NC: 2024:KHC:29674 WP No. 8319 of 2024 to their father, namely, late.A.Malaiah. The petitioners are disputing the GPA executed by their father, A.Malaiah and consequent registered dated deeds, which are re-produced by respondent No.3/Assistant Commissioner in his order vide Annexure-F. Respondent No.3/Assistant Commissioner, having taken cognizance of the registered sale deeds, has allowed the appeal and has directed the jurisdictional Tahsildar to effect changes in the revenue records in terms of registered sale deeds. While allowing the appeal filed by the transferees, the petitioners herein are relegated to approach the civil court. This order is confirmed by respondent No.2/Deputy Commissioner vide Annexure-G.
3. Heard learned counsel for the petitioners and learned AGA for the State.
4. The petitioners are disputing the GPA executed by the father, A.Malaiah. The petitioners contend that their father never executed GPA and therefore contend that consequent sale deeds will not convey title to the -5- NC: 2024:KHC:29674 WP No. 8319 of 2024 transferees. The petitioners also contend that authorisation reflected in GPA clearly demonstrates that there was no authorization to sell the petition land. The petitioner further contended that the appeals were filed after inordinate delay and that the same is not properly explained and therefore, the petitioners contend that respondent No.3/Assistant Commissioners erred in entertaining the appeals filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, 'Act').
5. It is a trite law that, while exercising the powers under the provisions of the Act, the revenue authorities have no jurisdiction to decide the right and title of the parties in respect of immovable properties. However, Section 128 of the Act cast a mandatory duty on the revenue authorities to effect mutations aligning with the rights created under the registered sale deeds. Therefore, revenue authorities under Section 128 of the Act are under bounden duty to mutate entries in the revenue records on -6- NC: 2024:KHC:29674 WP No. 8319 of 2024 the basis of the acquisition of rights as contemplated under the provisions of Section 128 of the Act.
6. If petitioners are disputing the transaction, they have to seek redressal of their grievances by instituting a proper suit before the competent civil court. Even if the alienation is disputed by the petitioners, the transferee acquires a voidable title and unless the sale deeds under dispute are challenged in the manner known to law, the revenue authorities have no choice but to effect mutations strictly adhering to the transfer of immovable properties reflected in registered sale deeds. Respondent No.3/Assistant Commissioner and respondent No.2/Deputy Commissioner have rightly relegated petitioners to seek redressal of their grievances before the competent civil court in the light of judgment rendered by this Court in the case of Smt. Jayamma and others vs. The State of Karnataka reported in ILR 2020 KAR 1449. Therefore, delay if any in preferring an appeal by the transferees is of no consequence. If there are registered sale deeds in -7- NC: 2024:KHC:29674 WP No. 8319 of 2024 favour of the transferees, the authorities are bound to effect changes in the revenue records. It is equally trite law that entries in the revenue records are not title documents. The orders passed by the authorities in relegating the petitioners to approach civil court does not suffer from any infirmities.
Reserving liberty to the petitioners, the writ petition stands dismissed.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 5 CT: BHK