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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Jayant Banerji, Umesh M.Adiga
K.R. Subramani, S/O Late Ramachandra Reddy – Appellant
Versus
State Of Karnataka, Rep By Its Secretary, Department Of Revenue – Respondent
JUDGMENT :
UMESH M ADIGA, J.
This intra court appeal filed under Section 4 of Karnataka High Court Act, 1961 is directed against the order passed by the learned single judge dated 20.09.2022 in W.P.No.17395/ 2022 (KLR-RR/SUR).
2. It is the contention of the appellant that survey No.240 of Kadenahalli Village, Byrakur Hobli, Mulabagilu Taluk of Kolar District was totally measuring 5 acres 36 guntas. Out of that, the disputed property is 2 acre 35 guntas, which is standing in the name of respondent No.5 herein. Since there is no dispute in respect of remaining extent of 2 acre 35 guntas of the said property, which was succeeded by the appellant from his ancestors and others, it is not necessary to consider the said property in detail in the present writ appeal. 3. According to the contention of the appellant, one Venkatamuniyappa was the owner of Survey No.240/1 to an extent of 2 acres 35 guntas. Earlier it was part of survey No.240 and subsequently after phoding (sub-division) it was given survey No.240/1. The said Venkatamuniyappa was father of the respondent No.5. The said Venkatamuniyappa had two wives, by name Munivenkatamma and Chengamma. According to contention of the appellant
Revenue authorities cannot adjudicate civil rights over immovable property; disputes must be resolved in Civil Courts.
An individual can only convey as much land as they legally own, with revenue entries providing presumptive evidence but not definitive ownership against established deeds.
A declaration of title in land cannot be granted solely based on revenue records; substantive proof of title must be provided by the claimant.
The main legal point established in the judgment is that Revenue Authorities do not have the power or jurisdiction to decide complicated questions of title and possession, especially in cases involvi....
Civil suits can challenge revenue authority orders if they violate principles of natural justice. Failure to notify affected parties renders such orders void.
Revenue records do not confer title over property and cannot solely support a claim for ownership without proper title documents.
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