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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Mohammad Nawaz, K S Hemalekha
Jagdevi, W/o Kashinath – Appellant
Versus
Deputy Commissioner Bidar – Respondent
JUDGMENT :
K. S. HEMALEKHA, J.
This intra Court appeal arises out of the dismissal of W.P.No.201905/2023 dated 30.08.2023 by the learned Single Judge, wherein the challenge to the order dated 22.06.2023 of the Deputy Commissioner, Bidar preferred by the appellants herein was affirmed whereby the Deputy Commissioner, Bidar had set aside the order of the Assistant Commissioner dated 16.01.2023, which had set aside the Mutation Order No.27/1998-99 and Mutation No.3/2013-14.
2. The genealogy of the parties is culled out here for ready reference :
3. Gundappa, the original propositus was survived by his wife Kallamma and two daughters namely, Saraswati and Bhagirathibai. Saraswati had six children and Bhagirathibai who was married to one Manikappa died issueless. The brother of Manikappa is one Subhash who is respondent No.3 in the present proceedings. The land bearing Sy. No.45/A, measuring 02 acres 27 guntas of Mailoor village, Tq. & Dist. Bidar (hereinafter referred to as ‘subject property’ for short) was originally in the joint name of Bhagirathibai and Manikappa under the Mutation Order No.27/1998-99. After the demise of Bhagirathibai, through Mutation Order No.3/2013-14, subject prope
The court upheld the finality of previous judgments relating to property mutation, requiring legal evidence to contest existing entries, thereby dismissing the appellants’ claims.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
(1) Mutation entry does not confer any right, title or interest in favour of person and mutation entry in revenue record is only for fiscal purpose.(2) Title of property can only be decided by a comp....
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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