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2025 Supreme(Online)(Kar) 19648

KARNATAKA HIGH COURT
PRADEEP SINGH YERUR, J
SRI. DHARMAPPA LAMANI – Appellant
Versus
STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 103143 OF 2025 (KLR-RES)



Advocates:
For the Appellants/Petitioners: SRI. MALLIKARJUN S. HIREMATH
For the Respondents: SRI. M.M. KHANNUR

Authorities must record registered land ownership efficiently as per statutory duty, avoiding illegal entries.

Headnote:(A) Karnataka Land Revenue Act, 1964 - Sections 128 and 129 - Writ of Mandamus - Petition challenges the entry of government ownership in land records - Petitioner seeks recognition of ownership based on registered sale deed - Court finds registered documents must be reflected in revenue records as per statutory duty of authorities. (Paras 9 and 12)

(B) Land Ownership and Rights - Court emphasizes the obligation of revenue authorities to mutate names based on valid documents without waiting for applications - Failure to do so constitutes an illegality against statutory provisions. (Paras 6 to 10)

Facts of the case:
The petitioner is claiming ownership of agricultural land based on a registered sale deed executed by his father, but finds the government's name incorrectly listed in land records.

Findings of Court:
The court directs the authorities to mutate the petitioner's name as per the registered sale deed and to remove the government’s claim from the records.

Issues: The primary issue revolved around the proper recording of land ownership as dictated by the registered sale certificate and legal provisions under the Karnataka Land Revenue Act.

Ratio Decidendi: The court ruled that the authority has a duty to reflect ownership based on registered documents, emphasizing that the omission constitutes a breach of statutory obligation.

Result: Writ Petition Allowed.

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.Mallikarjun S.Hiremath for the petitioner. Learned AGA Sri.M.M.Khannur accepts notice for respondent Nos.1 to 3.

2. This petition is filed seeking a writ of mandamus for a direction to the respondent No.3 to enter/mutate the name of the petitioner in Column No.9 of the record of rights and in other revenue records pursuant to the registered sale deed executed in favour of the father of the petitioner.

3. It is the case of the petitioner that his father was an agriculturist. The father of the petitioner was a tenant of agricultural land bearing Sy.No.21 totally measuring 17 acres 38 guntas situated at Nagavi village. It is stated that the father of the petitioner had purchased half portion of the agricultural land i.e., 8 acres 24 guntas from the owner of the land vide registered sale deed in the year 1953 for a consideration of Rs.500/-. It is submitted that after getting the sale deed executed, father of the petitioner was put into possession as owner to an extent of the land purchased and for remaining half portion, he continued as a bonafide tenant. Based on the sale deed, mutation was entered in the name of the petitioner.

4. It is further submitted that the father of the petitioner continued as a tenant in the half portion of the land bearing Sy.No.21, however, other portion of the land which was purchased by the father of the petitioner was given to one Timmaraddi Lakkappa Doddamani for 6 years for an amount of Rs.325/- on a condition that he would hand over the land after completion of 6 years. The said Timmaraddi Lakkappa Doddamani after completion of 6 years handed over the property to the father of the petitioner. However, the name of the said Timmaraddi Lakkappa Doddamani continued in the record of rights. The petitioner further submits that his father died and thereafter his mother had applied for grant of other portion of the land in which they are cultivating as a tenant in favour of her 4 children, including the petitioner. The land Tribunal after hearing all the parties vide order dated 03.11.1978 granted the land in favour of 4 children of deceased Budappa Lamani and thereafter Form No.10 was issued in favour of the children of Budappa Lamani for the portion of granted land i.e., 9 acres 25 guntas. After grant of land, the petitioner, his brother and sister became the absolute owner of the entire agricultural land bearing Sy.No.21 measuring 17 acres 38 guntas. Since then the petitioner and his brother are cultivating the land without any disturbances.

5. The petitioner further contends that surprisingly the word ‘Government’ was entered in Column No.9 of the record of rights of the land bearing Sy.No.21 to an extent of 5 acres 15 guntas without there being any intimation or notice to the petitioner and for other portion, the name of the petitioner and his brother continues as owner to an extent of 9 acres 25 guntas in Column No.9. The petitioner submits that on several occasions he had approached the respondent Nos.2 and 3 and enquired about the same. However, no satisfactory explanation was given by the concerned authorities. The petitioner submitted a representation to the 2nd respondent on 24.08.2022 with a request to delete the name of the Government entered in Column No.9 to an extent of 5 acres 15 guntas and enter his name as owner. But no action was taken by the 2nd respondent. He further submits that on oral instructions of respondent No.2, the petitioner approached the 3rd respondent with a representation dated 10.02.2025 producing all relevant documents. Aggrieved by the inaction on the part of the 2nd and 3rd respondents, the petitioner is before this Court.

6. It is the contention of the learned counsel for the petitioner that once a registered sale deed is entered into the Registrar Office, the same would have to be promptly recorded in the revenue records by the prescribed authority and the concerned officer

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