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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
| Table of Content |
|---|
| 1. property title dispute involving mutation entries. (Para 2 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. court analysis of jurisdiction and authority. (Para 3 , 20 , 21 , 31) |
| 3. arguments presented for staying revision petitions. (Para 17 , 18 , 19) |
| 4. legal principles regarding mutation and title. (Para 26 , 28) |
| 5. conclusion affirming dismissal of the appeal. (Para 32 , 33) |
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
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....
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