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2009 Supreme(Kar) 534

2010 (1) KCCR 34
KARNATAKA HIGH COURT
A.S. Bopanna, J
S.G. Kenchana Gowda and Others Petitioners
Versus
The Deputy Commissioner, Davanagere and Another Respondents
Writ Petition No. 19892 of 2009 (KLR-RRISUR) connected with Writ Petition No. 19893 of 2009 (KLR-RRISUR) of 2006,
decided on 3.8.2009

Advocates:
Advocate Appeared:
Sri D.R Nagaraja and Spoorthy Hegde, for Petitioners Sri R Kumar, High Court Government Pleader, for Respondents.

Headnote:Land — Mutation — KARNATAKA LAND REVENUE ACT, 1964 — Section 129 — Fresh mutation order passed by Revenues Inspector ordering mutation of land in the name of Government without affording opportunity of hearing to petitioners — Court not inclined to disturb the entries in revenue record — Petitioner given liberty to put up his grievances before Tahsildar — Tahsildar directed to address the grievance of petitioner expeditiously.

ORDER

A.S. Bopanna, J: The petitioners in both these petitions are questioning the mutation entry bearing M.R No. 7/1998-99 which are impugned at Annexures-F and D respectively in both the petitions. The petitioners claim right to the property in question to the land measuring 6 acres and 8 acres in each of the writ petitions; It is in that context, the petitioners in both these petitions claim to be aggrieved by the Mutation Order No. 7/1998-99.

2. The contention of the petitioners is that they are entitled to the said property which was the subject-matter of a civil litigation in RS.A. No. 349 of 1968. Pursuant thereto, the mutation entries were changed to the names of the petitioners viz., 6 acres insofar as petitioners in W.P. No. 19892 of 2009 and 8 acres in respect of petitioners in W.P. No. 19893 of 2009. The said mutation entry was effected by the order passed by the Deputy Tahsildar in MR No. 2/1997-98. The petitioners claim that pursuant thereto they have been in enjoyment of the said property. The grievance of the petitioners at present is that the Revenue Inspector without providing opportunity to the petitioners, though their names were indicated in the revenue register§ has passed a fresh Mutation Order No. 7/1998-99 ordering that the land in question be indicated in the name of the Government. In this regard a circular dated 23-4-1999 is relied on by the Revenue Inspector. Learned Counsel for the petitioner while assailing the said impugned entry in M.R. No. 7/1998-99 would contend that even if the said circular dated 23-4-1999 is kept in view, the same would not be applicable to the present lands since the right indicated therein is in respect of the inam lands. But, in the instant case, the petitioners contend that a portion of the land belonging to the petitioners had been dedicated in the name of their deity 'Pranadevaru' and therefore, it cannot be considered as inam land. 111 that context, it is contended that the mutation order in M.R. No. 2/1997-98 could not have been reversed and in any event, it could not be made without opportunity to the petitioners.

3. The learned Government Advocate however sought to justify the action by pointing out that the Revenue Inspector has merely acted based on the circular issued by the Government and therefore there cannot be any fault found with the mutation entry.

4. In the light of what is contended, even though rival contentions have been advanced with regard to the rights of the parties, it is seen at the outset that the Mutation Order No. 2/1997-98 in favour of the petitioners was passed by the Deputy Tahsildar. Subsequently the mutation order in M.R. No. 7/1998-99 is made by the Revenue Inspector and the very perusal of the order passed therein would indicate that no notice has been issued to any of the parties, but reliance has been placed only on a circular bearing No. LRM.CR. 230/1998-99, dated 23-4-1999. In a fact of this nature, when the names of the petitioners were found in the register, even if such circular was to be relied, the only course open to the Revenue Authorities would have been to issue notice to such of the parties whose names were indicated in the revenue records and thereafter take decision in the matter one way or the other. The same has not been done.

5. However, I do not find it necessary at this juncture to set aside the mutation entry bearing No. 7/1998-99, since in any event, the petitioner herein would have to approach the Revenue Authorities in this regard at the outset. Therefore, wfthout disturbing the said entries, the petitioner is granted liberty to raise a dispute with the Tahsildar with regard to the manner of change of mutation entries by order dated 7-8-1999 putting forth all contentions of the parties with regard to the right claimed to the property and indicating that the property in question would not fall within the four corners of the directions issued under the circular dated 23-4-1999. On such dispute being raised by the pe


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