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2025 DAILYLAW 13763 (KAR)

SIDDEGOWDA v. DISTRICT COMMISSIONER

WP/13057/2012 · 2025-04-21

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16283 WP No. 13057 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13057 OF 2012 (KLR-RR/SUR) BETWEEN: SIDDEGOWDA S/O KARIGOWDA AGED ABOUT 60 YEARS R/AT SHINDENAHALLI HAMPAPURA HOBLI H.D. KOTE TALUK. …PETITIONER (BY SRI. G.B. NANDISH GOWDA, ADVOCATE) AND: 1. DISTRICT COMMISSIONER MYSORE DISTRICT MYSORE. 2. ASSISTANT COMMISSIONER HUNUSUR SUB DIVISION HUNUSUR. 3. THASHILDAR H.D. KOTE TALUQ H.D. KOTE. 4. MARAPPA GOWDA S/O DODDAIDI GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16283 WP No. 13057 of 2012 5. MAHADEVA S/O LATE ERAIAH 6. SIDDEGOWDA S/O LATE ERAIAH 7. MALEGOWDA S/O HALE MALEGOWDA ALL ARE RESIDING AT SHINDENAHALLI VILLAGE HAMPAPURA HOBLI H.D. KOTE TALUQ. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F THE MUTATION PROCEEDINGS IN MR 15/2003-04 DATED 14.06.2004, PASSED BY THE 3RD RESPONDENT, ANNEXURE-B DATED 30.10.2010 PASSED BY THE 2ND RESPONDENT IN RA 23/2005-06 AND ANNEXURE-C VIDE NO. REVISION 95/2010- 11, ORDER DATED 15.03.2011 PASSED BY THE 1ST RESPONDENT AND FURTHER DIRECT 3RD RESPONDENT TO RESTORE THE REVENUE ENTRIES AS BEFORE PASSING THE ORDER AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:16283 WP No. 13057 of 2012 ORAL ORDER 1. An order of the Land Tribunal was passed on 04.12.1975 by which the mother of the petitioner Javaramma was conferred occupancy rights in respect of Sy.No.5 measuring 3 acres and Sy.No.17 measuring 2 acres. 2. The learned AGA has produced the original records which indicates that in the Form No.7, the petitioner’s mother had claimed three survey numbers i.e., Sy.Nos.5, 17 and 21, but Sy.No.21 had been rounded off and the order of the Land Tribunal ultimately records that only Sy.Nos.5 and 17 were granted to the petitioner's mother. It is therefore clear that Sy.No.21 was not granted to the petitioner's mother. 3. However, it appears in the Form No.10, there was an insertion made regarding Sy.No.17 though the order of the Land Tribunal did not confer occupancy rights in respect of Sy.No.17. - 4 - NC: 2025:KHC:16283 WP No. 13057 of 2012 4. This error was noticed and the revenue entries were accordingly mutated by the Revenue Authorities, though belatedly. An appeal was preferred by the petitioner and his mother, but the said appeal was dismissed and has also been confirmed in revision. As a consequence, the petitioner is before this Court. 5. As noticed above, since the petitioner had been granted land only in respect of Sy.Nos.5 and 17, it is obvious that he can claim no title in respect of Sy.No.21 on the basis of the order of the Land Tribunal. 6. Admittedly, the entitlement of the petitioner's mother's name to be entered in the revenue records is on the basis of the order of the Land Tribunal and so long as the order of the Land Tribunal did not confer occupancy rights in respect of Sy.No.21, the petitioner’s mother cannot claim that her name is required to be entered in the revenue records. - 5 - NC: 2025:KHC:16283 WP No. 13057 of 2012 7. The insertion of Sy.No.21 in the Form No.10 would obviously not lead to a right being created in favor of the petitioner's mother in the absence of an order of the Land Tribunal conferring occupants rights in respect of Sy.No.21. 8. I am therefore of the view that there is no justification to entertain this writ petition and this writ petition is therefore dismissed. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 37