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2011 Supreme(Kar) 401

High Court of Karnataka
THE HONOURABLE MR. JUSTICE D.V. SHYLENDRA KUMAR
Madappa
Versus
The Deputy Commissioner, Mysore District, Mysore & Others
Writ Petition No 18607 of 2011 (KLR-RR/SUR)
Decided On : 22-06-2011

Advocates Appeared:
For the Petitioner:T.N. Raghupathy & G. Jayashree, Advocates.
For the Respondents:R. Omkumar, Additional Government Advocate.

Headnote:KARNATAKA LAND REVENUE ACT, 1964 - Sections 127 to 136: [D.V. Shylendra Kumar, J] Dispute is basically one relating to the title to the subject land and not a dispute which can be examined at all by the revenue authorities or by the Court under writ jurisdiction - Held, The High Court does no confer any title to any landowner nor takes away any one’s title. Matters which are fit to be taken up before the Civil Court and agitated there for establishing ownership rights are instead brought before the High Court invoking writ jurisdiction under Article 227 of the Constitution of India on the pretext of correctness or otherwise of the entries made in the revenue records in favour of the petitioner or respondents. As observed in the earlier part of this order, such questions are not worthy of examination by the High Court, particularly, as to whether A’s name or B’s name is entered, and why not the names of Y or Z instead, which are not matters of grave concern or of utmost importance, as the competition amongst AB and YZ appears to be only to get their names entered in the revenue register which, in fact, is a liability as the person has to pay land revenue. Be that as it may, when the dispute is basically one relating to the title to the subject land and not a dispute which can be examined at all by the Revenue Authorities or by this Court in the writ jurisdiction under Article 227 of the Constitution of India, such writ petitions are more an abuse and misuse of the process of this Court and it is high time this Court discourages this tendency, particularly, when basic dispute is one relating to title and not merely entries made by revenue authorities or some wavered action on the part of the revenue officials. Therefore, writ petition is dismissed levying deterrent cost of Rs.25,000/- on the petitioner. As no notice had been issued to the respondents, cost to be credited to the account of the High Court Legal Services Committee.

Judgment :

1. The revenue authorities are notorious for their wavered, arbitrary exercise of statutory powers, particularly, while acting under the provisions of Sections 127 to 136 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’).

2. These provisions deal with the changes of entries rather change of names in the record of rights and other related records of the revenue department which is essentially to identify the person from whom the land revenue is to be collected which is a tax levied on agricultural and on the owner of possessor, occupant of the land and for such purpose an account in the name of the person is maintained by the revenue authorities and by assessing the quantum of revenue to be collected depending on the nature of the lands and at the rate of per acre etc.

3. Revenue entries get changed as and when ownership in the subject land changes as the revenue authorities should know who is current owner of the land from whom such tax can be collected.

4. The entries in the revenue record while may be one piece of evidence to show that perhaps the persons in whose name the revenue records stand and from whom tax is to be collected is the owner of such land, it is not necessarily the precise or an undisputed position and is only a rebuttable presumption.

5. What with the reputation and the manner of conduct of the revenue authorities of late having become rather dismal and with revenue authorities more often than not acting on consideration other than the statutory provisions for effecting such changes in the revenue records as unfortunately gullible, innocent, ignorant people believe that getting entry of their name in the revenue records fetches them title or ownership to the subject land and compete with one another for eliciting favourable order from the revenue authority starting from the Tahsildar who acts on the report to be submitted by the Revenue Inspector or Village Accountant and the higher revenue officials, namely, the Assistant Commissioner and Deputy Commissioner who exercise such statutory powers and as though this is not sufficient, the State Government having appointed a good number of Special Deputy Commissioners who have specialized in acting in most wavered, arbitrary and even corrupt manner which this Court can take judicial notice of as good number of orders passed by such Special Deputy Commissioners are brought before this Court day in and day out by aggrieved persons who complain that when they sought for change of revenue entries, the Special Deputy Commissioners have ventured upon depriving persons even the land itself and directing the lower revenue authorities to dispossess the persons of such land and take possession and put some one else in their place etc.

6. Though this Court has passed orders time and again noticing wavered, arbitrary and even atrocious conduct on the part of the revenue authorities, there appears to be no let up for such actions on the part of the higher officials and impression gathers gain that sub officers are even protected by the higher officials and the State Government rather than being disciplined and being dealt with in accordance with law.

7. Correctness or otherwise of an entry made in the revenue record is not a matter worthy of examination by the High Court in writ jurisdiction under Article 227 of the Constitution of India. But, when the revenue authorities with such ill reputation and notoriety indulge in passing orders which are far away from statutory provisions which have no semblance of adherence to the statutory requirements and when the power vested in the statutory authorities is abused or misused rather than being used for a proper purpose, it becomes inevitable for this Court to examine such matters even in a writ petition under Article 227 of the Constitution of India, not because this Court has to sit in appeal over such orders and to correct the mistake or error if any in the order but to ensure that rule of law prevails














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