Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10881 WP No. 17934 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17934 OF 2024 (KLR-RES) BETWEEN:
1.
SMT KENGABORAVVA W/O. LATE SANNAPAPAYYA, AGED ABOUT 73 YEARS, OCC AGRICULTURIST, R/O. THODLARAHATTI GRAMA, NANNIVALA POST, KASABA HOBLI, CHALLEKERE TALUK, CHITRADURGA DISTRICT-577 522.
SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. YADUNANDAN.N., FOR SRI. SAGAR V SHASTRI., ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577 501.
3.
ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION, CHITRADURGA-577 501.
4. THASILDAR CHALLEKERE TALUK,
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10881 WP No. 17934 of 2024
CHALLEKERE, CHITRADURGA-577 522.
5. SANNAPAAPAYYA S/O. LATE MALIGE PAAPAYYA, AGED ABOUT 78 YEARS, OCC AGRICULTURIST, R/O. THODLARAHATTI GRAMA, NANNIVALA POST, KASABA HOBLI, CHALLEKERE TALUK, CHITRADURGA-577 522. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE
ORDER DATED 07.09.2023 IN RP NO.41/2021 PASSED BY RESPONDENT NO.2 AS PER ANNEXURE L CONFIRMING THE
ORDER DATED 24.08.2021 IN RA NO.148/2020-21 PASSED BY RESPONDENT NO.3 AS PER ANNEXURE F, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The Assistant Commissioner, in an appeal under Section 136(2) of the Karnataka Land Revenue Act, has set aside the mutation made in M.R.H.47/2018- 19 and directed the records to be mutated in accordance with the earlier mutation in M.R.No.34/1972-73.
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NC: 2025:KHC:10881 WP No. 17934 of 2024
2. The Assistant Commissioner came to the conclusion that there was a registered sale deed dated 15.05.1972 vide document S.R.No.288/1972-73 and the mutation was also made pursuant to the said sale deed, but the same was not endorsed in the revenue records and, therefore, it was necessary that the revenue entries reflect the effect of a sale deed.
3. This order was challenged by way of a revision and the Deputy Commissioner has confirmed the said
order, as against which, the petitioner is before this Court contending that this sale deed is not an admitted document and, therefore, the entries as is stood prior to the sale deed should continue.
4. In the light of the fact that there does exist a registered sale deed dated 15.05.1972 and also an M.R.No.34/1972-73, both the Authorities were justified in giving effect to this M.R.No.34/1972-73 and not going by the subsequent inheritance proceedings amongst the vendors.
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NC: 2025:KHC:10881 WP No. 17934 of 2024
5. I find no reason to entertain this petition. This petition is therefore dismissed.
6. It is needless to state that the petitioner would be at liberty to approach the Civil Court and secure an appropriate decree regarding the sale deed and, if such a degree is obtained, the entries shall abide to such a decree.
7. 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.: 3