Karnataka High Court
S.P. Chidananda vs Deputy Commissioner on 5 August, 2024
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NC: 2024:KHC:31012
WP No. 19449 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 19449 OF 2024 (KLR-RES)
BETWEEN:
S.P. CHIDANANDA
S/O S.R. PUTTASWAMAIAH
AGED ABOUT 53 YEARS
R/AT 1ST CROSS, C.B.NAGAR
UPPARAHALLY
TUMKUR-572 101.
...PETITIONER
(BY SRI. DHANANJAY V. JOSHI, SENIOR ADVOCATE FOR
Ms. ASFIYA KAUNAIN .S, ADVOCATE)
AND:
1. DEPUTY COMMISSIONER
TUMAKURU DISTRICT
TUMAKURU-572 101.
Digitally signed
by CHAITHRA A
2. TAHASILDAR
Location: HIGH
COURT OF TUMAKURU TALUK
KARNATAKA TUMAKURU-572 101.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO CONSIDER THE REPRESENTATION OF
PETITIONER DTD 09.05.2024 (ANNEXURE-B AND B1) AND
ENTER THE NAME OF THE PETITIONER IN THE RTC, MUTATION
AND IN OTHER REVENUE ENTRIES IN RESPECT TO THE SUIT
SCHEDULE PROPERTY IN A TIME BOUND MANNER.
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WP No. 19449 of 2024
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
Learned AGA is directed to accept notice for
respondent Nos.1 and 2.
2. The captioned petition is filed seeking a writ of
mandamus to issue directions to the respondents to
consider the petitioner's representation dated 09.05.2024
and accordingly, enter petitioner's name in the revenue
records pertaining to Sy.No.75/1A/2 to an extent of 10
guntas totally measuring 30 guntas in Shettihalli Grama,
Kasaba South, Tumakuru Taluk.
3. Heard learned Senior Counsel for the petitioner
and learned AGA for the respondents. Perused the
records.
4. Petitioner has acquired right and title pursuant
to registered sale deed dated 05.03.2003. Petitioner is
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aggrieved by the inaction of the respondents in not
effecting changes in the revenue records by taking
cognizance of the registered sale deed dated 05.03.2003.
5. Perusal of the records, this Court has noticed
that petitioner claims that he has acquired right and title
based on registered sale deed for valuable sale
consideration. Time and again, this Court in catena of
judgments has consistently held that when acquisition of
rights are reported to the revenue authorities under
Section 128 of the Karnataka Land Revenue Act, the
revenue authorities are under mandatory duty to effect
changes by taking note of the registered documents.
6. A plain reading of Section 128 of the Karnataka
Land Revenue Act makes it clear that it is the duty of the
registering authority to make report of acquisition of rights
to the prescribed officer wherever document is found to be
registered.
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7. If petitioner has acquired title under the
registered sale deed and has a decree for perpetual
injunction in his favour, this Court is of the view that there
is complete laxness on the part of the respondents in not
passing appropriate orders adhering to the procedure
contemplated under Section 128 of the Karnataka Land
Revenue Act. Since there is inaction on the part of the
respondents, this Court is of the view that this is a fit case
where mandamus lies.
8. For the reasons stated supra, this Court
proceeds to pass the following:
ORDER
(i) Writ petition is allowed;
(ii) Respondent No.2 is hereby directed to
consider the representation strictly adhering to
the procedure enumerated under Section 128 of
the Karnataka Land Revenue Act and pass
appropriate orders in accordance with law;
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(iii) This exercise shall be accomplished
within a period of eight weeks from the date of
receipt of a copy of this order.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
