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ALOK ARADHE, S. VISHWAJITH SHETTY
Sunil Chajed, S/o. Late H. Devichand – Appellant
Versus
State of Karnataka, Rep. by Deputy Commissioner, Urban Dist. – Respondent
JUDGMENT :
The appellant has assailed the validity of the order dated 01.10.2020 passed by learned single Judge by which the writ petition preferred by respondent No.3 has been allowed and the order dated 13.11.2019 passed by the Tahsildar under the Section 140(2) of Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short) has been quashed.
2. Facts giving rise to filing of this appeal briefly stated are that appellant claims to be the owner of land measuring 1 acre and 4.08 guntas of land bearing Sy.No.91/1A (hereinafter referred to as 'the land in question' for short). The authorities under the Urban Land Ceiling Regulation Act, 1976 took possession of the land in question. The appellant challenged the order passed by the authorities under the Act before the Karnataka Appellate Tribunal, which by an order dated 07.03.1998 directed restoration of land to the appellant. In compliance of the order passed by the tribunal, the name of the appellant was restored in the revenue records. The appellant filed the suit viz., O.S.No.26187/2014 seeking the relief of permanent injunction restraining the respondent No.3 from interfering with the peaceful possession in res
Point of Law : Under Section 136(2) and (3) of Karnataka Land Revenue Act, the revenue officials cannot decide the question involving the title and possession.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The court established that jurisdictional authority must be adhered to strictly in land disputes, particularly under the Telangana Land Revenue Act.
: Demarcation of land – Once land is identified and defined, its limits are automatically defined.
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