IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, CJ, C.M. POONACHA
S.B. Rajini, W/o. Sri V. Shivakumar Since Deceased, By Her Lr/Legatee – Appellant
Versus
Deputy Commissioner – Respondent
JUDGMENT :
VIBHU BAKHRU, CJ.
1. For the reasons stated in the application - I.A.2/2025, the same is allowed. The delay in filing the appeal is condoned.
2. The appellant has filed the present appeal impugning an order dated 03.04.2025 [impugned order] passed by the learned Single Judge of this Court in WP.No.13263/2021 (KLR-RES). The appellant had filed a separate petition impugning an order dated 12.07.2021 passed by respondent No.1 (the Deputy Commissioner, Bengaluru), whereby the appellant's application seeking stay of the proceedings in Revision Petitions – RP.No.277/2010-2011 and RP.No.260/2016-2017 – which were pending before the Deputy Commissioner, was rejected. It is the appellant's case that since there was a suit, being OS.No.1134/2006, which was pending before the Civil Court involving the issue regarding the title of the subject property, the revision petition in question could not be proceeded with.
3. The learned Single Judge found no fault with the decision of the Deputy Commissioner to reject the appellant's application for staying the proceedings and therefore rejected the petition.
4. Before proceeding further, it is relevant to briefly note the context in which the c
Revenue authorities must continue with mutation proceedings irrespective of civil disputes, as entries in records do not determine title but are essential for fiscal purposes.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
The revisional authority under the Bihar Tenant’s Holdings (Maintenance of Records) Act has a narrower jurisdiction than that of an appellate authority, and disputes regarding title must be resolved ....
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
The court emphasized that the order of mutation neither confers nor extinguishes any right of the parties over the land and that the purpose of mutation is only to collect government revenue from a p....
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