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1999 Supreme(Kar) 308

Karnataka High Court
Judges : T.N.Vallinayagam
K.JAYAMMA - Appellant
Versus
TAHSILDAR, ANEKAL TALUK, ANEKAL - Respondent
Writ Petition 38522 Of 1998
Decided On : 07/02/1999
Advocates Appeared :
B.Veerappa, M.R.ACHAR

Headnote:Karnataka Land Revenue Act, 1964-Sections 128 and 129-Mutation-refusal by prescribed authority in allowing mutation on the ground that alienee had no title to alienate the said land-such refusal held not justified-only after order of publication of mutation order, any objection can be raised.

( 1 ) IN these batch of writ petitions, the prayer made by the petitioners is to direct the respondent 1-Tahsildar, Anekal Taluk, to enter the names of petitioners in the mutation register and record of rights in respect of schedule mentioned lands.

( 2 ) THE case of the petitioners are that they are residents of Jayanagar, Bangalore-11 and they are entitled to purchase agricultural lands under the provisions of Karnataka Land Reforms Act and there is no bar against them for purchasing agricultural land. The petitioners under various registered sale deeds registered on different dates which are detailed in the petition have purchased and on the basis of sale deeds they applied to first respondent to enter their names within the meaning of Sections 128 (4) and 129 of the Karnataka Land Revenue Act, 1964 and the officer declined to enter their names. Therefore, the writ petitions are filed.

( 3 ) IT is contended by the learned Advocate Mr. Achar that without going into the validity of the sale deeds, once intimation of registration of sale is sent to the first respondent, it is their primary duty to enter the name in the register and they cannot avoid to perform the duty which is imposed on them by statute and law. In the statement of objections filed by the Government, it is contended that on receipt of J-form it is form of intimation of registering of sale deed the authorities found that the lands are Government lands and said lands were not granted to the vendors of petitioner. It appears respondent has submitted report in this connection to the Deputy commissioner to initiate action in connection with the bogus entries and they are pending consideration before the Deputy Commissioner. The Special Deputy Commissioner has already initiated proceedings by issuing notice to the vendor of the petitioner. It is further submitted that the entries are bogus entries found in the name of vendor of the petitioner and when the very same entries are subject-matter before the Deputy Commissioner the entry cannot be made in the mutation register. In the rejoinder filed by the petitioner, it is submitted that the lands were granted to the predecessors of the vendor of petitioner decades back in 1935-36 and 1939-40. Necessary entries had been made in the revenue records and on the basis of revenue entries the petitioners have purchased lands in question from the vendors who are legal heirs of the original grantees.

( 4 ) THE respondent is now raising objections that grants were made in collusion with revenue authority which the petitioners are unaware. It cannot be said that Revenue Department was ignorant of the grant and enjoyment of the land by the grantees and their legal representatives till the petitioners obtained sale deed. The defence taken in the statement of objections is only out of extraneous consideration and to harass the petitioners. Written endorsement rejecting the request of the petitioner has been sent to the petitioner. It is further submitted that question raised in the statement of objections are outside the scope of provisions of Section 128 of the Karnataka Land revenue Act. Merely because the authorities have issued some notices making some wild allegations, it does not prevent the respondent to perform statutory duty cast on him. Such question has to be raised before appropriate forum and not in proceedings under the provisions of Chapter II of the Land Revenue Act. This High Court in various decisions has held that such questions cannot be raised by the Tahsildar or the other authority acting under this chapter. Even otherwise, it is submitted that the making of mutation of entries does not affect the right of the authorities, if any, to agitate the same.

( 5 ) HEARD Mr. Achar for the petitioner as well as the Government Pleader.

( 6 ) THE submission made by Mr. Achar was that his clients have made claim upon the entries made in the mutation register which according to him is available in 1935 onwards till da








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