SRI SRINIVAS B G v. COURT OF KARNATAKA

(BY SRI. G.V.SHASHI KUMAR, ADVOCATE FOR SMT. VANI H., ADVOCATE) AND: …PETITIONER JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

#1. THE TAHSILDAR MALAVALLI TALUK, MALAVALLI MANDYA DISTRICT 571430

#2. STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY SECRETARY VIDHANA SOUDHA, AMABEDKAR VEEDHI, BENGALURU 560 001

#3. STATE OF KARNATAKA DEPARTMENT OF REVENUE - 2 - NC: 2024:KHC:388 WP No. 25758 of 2023 REPRESENTED BY SECRETARY, VIDHANASOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560001 (BY SRI. C.N. MAHADESHWARAN., AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19/09/2023 IN CASE NO. RR/C.R/691/2022 VIDE ANNEXURE-F PASSED BY THE FIRST RESPONDENTS ONE EXCEEDING JURISDICTION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: R.DEVDAS J., (ORAL): ORDER Learned Additional Government Advocate notice for the respondents.

#2. The petitioner is aggrieved of the impugned endorsement dated 19.09.2023 at Annexure-F issued by the 1st respondent - Tahasildar, Malavalli Taluk, declining to enter the name of the petitioner in the land records on the strength of a sale deed dated 19.12.2022. - 3 - NC: 2024:KHC:388 WP No. 25758 of 2023

#3. Learned counsel for the petitioner submits that earlier when the respondent - Tahasildar did not mutate the name of the petitioner in the land records on the strength of the registered sale deed, the petitioner has approached this Court seeking a writ of mandamus in W.P.No.22267/2023. During course of proceedings the impugned endorsement was issued by the Tahasildar and this court took note of the orders passed by the Tahasildar and disposed of the writ petition granting liberty to the petitioner to raise a challenge to the impugned order. Consequently, this writ petition has been filed.

#4. Learned counsel submits that in the impugned endorsement it has been stated that the land in question is a gomal land, unless and until the gomal land is surveyed and akarband is prepared, no person could transact in respect of such land and there is no provisions to enter their names in the revenue records. Learned counsel would submit that this issue is no more res - 4 - NC: 2024:KHC:388 WP No. 25758 of 2023 integra, since this court has considered a similar case and held in W.P.No.17520/2022 dated 06.09.2022, in the case of Sri Mekapathi Vikram Reddy /vs./ The Tahsildar and Others, that if a person has acquired right, title and interest under registered instruments as contemplated under Section 128 of the Karnataka Land Reforms Act, 1964 and such person approaches the revenue authorities seeking entry consequent to the registered instrument, then the revenue authorities are bound to effect the mutation entry of the person who has derived title under the registered instruments. It was also noticed that the name of the title holder who was earlier holding title found entry in the land revenue record and therefore such an objection could not have been raised by the Tahasildar.

#5. Having regard to the settled position, as submitted by the learned counsel for the petitioner, it does not lie in the mouth of the respondent Tahasilar to contend that the petitioner is not entitled to have his name entered in the land record even on the strength of registered - 5 - NC: 2024:KHC:388 WP No. 25758 of 2023 instrument. As noticed in the case of Sri Mekapathi Vikram Reddy , the revenue authorities having mutated the name of the previous owner in the revenue records cannot now turn back and say that the subsequent purchaser will not be entitled to have his or her name entered in the land records on the strength of registered instrument. The revenue authorities are in fact estopped to make such submission.

#6. In that view of the matter, this court having found that there is no basis for issuance of the impugned endorsement, proceeds to allow the writ petition and set aside the impugned endorsement dated 19.09.2023 at Annexure-F issued by the respondent - Tahasildar Malavalli Taluk. A writ of mandamus is also hereby issued to the 1st respondent to proceed to enter the name of the petitioner in the land revenue records in terms of the registered sale deed dated 19.12.2022 as expeditious as possible and at any rate within a period of two months from the date of receipt of copy of this order. - 6 - NC: 2024:KHC:388 WP No. 25758 of 2023 Ordered accordingly.

#7. Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- JUDGE KLY CT: JL