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2025 Supreme(Online)(KAR) 2929

HIGH COURT OF KARNATAKA
MR JUSTICE SACHIN SHANKAR MAGADUM, J
SRI A C RANGASWAMY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 3458 of 2025



Petitioner Advocates:PRAKASH M H ,Respondent Advocate:

The court affirmed that revenue officials must maintain accurate land records and cannot arbitrarily delete names without due process, ensuring legal rights of landowners are protected.

Headnote:(A) Karnataka Land Revenue Act - Sections 128 and 129 - Writ petition for restoration of name in Record of Rights - Petitioner lawfully acquired land and had name mutated in RTC, which was arbitrarily deleted during computerized transition - Court found revenue officials acted beyond jurisdiction, creating undue hardship for petitioner. (Paras 1, 9)

(B) Legal right to seek relief - Petitioner possesses undeniable legal right to seek restoration of name in RTC due to lawful ownership. (Paras 10)

(C) Duty of revenue officials - Revenue authorities must verify and secure original records and rectify errors in land records. (Paras 10)

Facts of the case:
The petitioner sought restoration of his name in the RTC after it was deleted without legal basis, despite lawful ownership of land acquired through registered sale deeds.

Findings of Court:
The court found that the deletion of the petitioner's name was arbitrary and without due process, and directed restoration of the name in the RTC.

Issues: The main issues were the legality of the deletion of the petitioner's name from the RTC and the responsibility of revenue officials in maintaining accurate land records.

Ratio Decidendi: The court ruled that the actions of the revenue officials were illegal and constituted an abuse of power, necessitating corrective measures to restore the petitioner's name.

Result: Writ petition allowed.

ORAL ORDER

The present writ petition has been filed by the petitioner seeking issuance of a writ of mandamus against respondent Nos.3 and 5, directing them to restore the petitioner's name in the Record of Rights (RTC) as per Mutation Register (MR) No.4/1993-94. The petitioner contends that despite his lawful acquisition of the land and the mutation of his name in the RTC, his name was arbitrarily removed during the transition to a computerized RTC system. Furthermore, the petitioner seeks compensation against respondent Nos.3 and 5 for their negligence and failure to ensure the continuity of his name in the RTC, which has caused him undue hardship and legal complications.

2. The matter was heard in detail, with the learned counsel for the petitioner presenting arguments on behalf of the petitioner and the learned HCGP representing the respondents. This court carefully examined the records, documents, and legal contentions advanced by both sides.

3. The petitioner asserts that he is the lawful owner of two parcels of land measuring 1 acre 35 guntas and 5 guntas, respectively, situated in Survey No.7/8. He claims to have purchased these lands from the erstwhile owner through a registered sale deed. The petitioner's name was duly mutated in the RTC pursuant to MR No.4/1993-94, and the same was recorded and maintained in the revenue records for several years. The petitioner’s grievance arises from the fact that while his name was reflected in the RTC until 2001-02, it was subsequently deleted without any legal basis or due process, prompting him to file this writ petition seeking redress.

4. Upon a thorough examination of the title documents, it is evident that the petitioner acquired ownership of 1 acre 35 guntas in Survey No.7/8 through a sale deed executed by Ranganathappa and Narayanappa on 31.03.1993, which is documented under Annexure-B. Additionally, the petitioner separately purchased an additional extent of 5 guntas in the same survey number. The legitimacy of these transactions is not disputed, and the sale deeds remain unchallenged to date.

5. The court also examined the present RTC records submitted along with a memo. A significant anomaly was observed, wherein the name of legal heirs of erstwhile owner, who had already sold 1 acre 35 guntas of land in Survey No.7/8 to the petitioner, was restored in the RTC under MR No.3/2000-2001. Strangely, while the petitioner’s name continued to be reflected for the 5-gunta parcel, it was inexplicably deleted concerning the 1 acre 35 guntas, despite the petitioner’s lawful ownership and prior mutation entry.

6. The learned HCGP, upon receiving instructions, informed the court that the deletion of the petitioner's name from the RTC was a consequence of a false representation made by the erstwhile owner. Due to this misrepresentation, the revenue authorities erroneously removed the petitioner's name, despite his rightful ownership acquired through a legally valid and registered sale deed.

7. This court took cognizance of the fact that the petitioner's name was originally mutated in the RTC through MR No.4/1993-94 after due consideration of the sale deeds by the jurisdictional Tahsildar. The revenue authorities had acted in accordance with the law while effecting the mutation, and the petitioner’s name was accordingly recorded in the RTC. Significantly, neither the mutation order under MR No.4/1993-94 nor the petitioner’s sale deeds have been challenged or annulled by any competent authority or private individual.

8. This court has further noted with concern the laxity on the part of the revenue officials during the transition to computerized RTC records. Despite the petitioner’s lawful acquisition of the land and his name being recorded under MR No.4/1993-94, the revenue authorities arbitrarily deleted his name without initiating any legal proceedings to set aside the mutation. The fact that the petitioner’s name continues to be reflected for the 5-gunta portion while being omitted for the

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