The Revenue Officer does not have jurisdiction to decide the genuineness of a Will for mutation entry, as it falls within the exclusive jurisdiction of the Civil Court.

( 1 ) A learned Single Judge of this Court has made this reference vide order dated 30-11-2001 passed in W. P. No. 19065 of 2001, to a larger bench, to explain the scope, power and jurisdiction of the Revenue Officer under the provisions of Sections 127 to 129 of the Karnataka Land revenue Act, 1964 (for short the "act"), in view of the judgment in lakshmi v Assistant Commissioner. Therefore, by order dated 1-4-2002 passed by the Hon'ble Chief Justice, this reference is placed before us on 8-4-2002.

( 2 ) BRIEF facts leading to the order of reference, as alleged, are: lands bearing Sy. Nos. 38/1, 39 and 41 situated at Chunchanaghatta village, Bangalore South Taluk, originally belonged to late Hari Singh, the grandfather of the petitioner. Sri Hari Singh died on 13-4-1979, bequathing the above said lands in favour of the petitioner under a Will dated 12-10-1959. The petitioner made an application for change of mutation in his name in respect of the aforesaid lands on the basis of the will. The third respondent by his order dated 29-5-1982 ordered for a change of mutation. The said order was challenged by respondents 4 and 5 before the second respondent-Assistant Commissioner who set aside the order of the Tahsildar and remanded the matter to the Tahsildar for fresh enquiry. On remand the third respondent-Tahsildar by his order dated 28-2-1987 rejected the application of the petitioner and directed the parties to approach the competent Civil Court. Aggrieved by the said order the petitioner preferred an appeal to the Assistant Commissioner who dismissed the same. The revision against the said order was dismissed by the Deputy Commissioner. It is against these orders the petitioner preferred this writ petition.

( 3 ) SRI S. K. Venkata Reddy, learned Counsel appearing for the petitioner, contended that the revenue authorities were not justified in directing the parties to approach the competent Civil Court to establish their title to the property in question. The Revenue Officer being Revenue court who is empowered to enquire into or to decide any question arising for determination between the parties to any proceedings is bound to hold an enquiry regarding the genuineness or otherwise of the will set up by the petitioner for the limited purpose of making an entry in the mutation register and therefore the order directing the petitioner to approach the Civil Court is wholly erroneous. A mutation entry in the revenue records is not a document of title and therefore by holding a limited enquiry in respect of the genuineness of the Will the Revenue authority could enter the name of the petitioner in the revenue records and in support of the said submission he relies on the decision of the supreme Court in Babu Verghese and Others v Bar Council of Kerala and Others.

( 4 ) ON the other hand, the learned Counsel appearing for respondent 3, Sri B. Anand submits when the Will set up by the petitioner has been disputed by respondents 4 and 5, the Revenue Court is not competent to go into the genuineness or otherwise of the Will set up by the petitioner as the same falls within the exclusive jurisdiction of the Civil Court, as such the revenue authorities were fully justified in directing the parties to approach the Civil Court for adjudication and therefore he submits the orders passed by the Revenue Courts are in accordance with law and not liable to be set aside. The learned Counsel Sri B. Anand, for respondent 3-Tahsildar, has also not disputed the legal position that a particular thing is to be done in a manner prescribed, but merely by having a will in. his favour, the petitioner cannot get his name entered in mutation register, which prima facie needs to be satisfied by a declaration from the competent Court. He further submitted that in the instant case the name of the legal heir has already been entered in the record of rights and the petitioner can get his name entered after getting the order from the competent C