IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.42877 OF 2019 (KLR-RR/SUR) BETWEEN:
SRI P.MUDDAMAREGOWDA S/O.PUTTASWAMY GOWDA AGED ABOUT 38 YEARS R/AT KOTAGAALE VILLAGE HUKUNDA POST UYYAMABALLI HOBLI KANAKAPURA TALUK RAMANAGAR DISTRICT-562 119 ... PETITIONER (BY SRI RAMESHA M.N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001 (BY ITS UNDER SECRETARY) 2. THE TAHASILDAR SIRA TALUK TUMKUR DISTRICT-572 231 ... RESPONDENTS (BY SRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND RESPONDENT TO EFFECT THE MUTATION AND PAHANIES IN THE NAME OF THE PETITIONER IN RESPECT OF SY.NO.80/1 MEASURING 23 ACRES SITUATED AT BEJJIHALLI VILLAGE, HULIKUNTE HOBLI, SHIRA TALUK, TUMKUR DISTRICT BY CONSIDERING THE REPRESENTATION DATED 22.02.2019 (ANNEXURE-A) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri Ramesha M.N., learned counsel appearing for petitioner and Sri Y.D.Harsha, learned Additional Government Advocate appearing for respondents and perused the records.
2. Petitioner herein purchased the land bearing survey No.80/1 measuring 23 acres situated at Bejjihalli Village, Hulikunte Hobli, Shira Taluk, Tumkur District under a registered sale deed dated 21.03.2009 (Annexure-B). On the ground that said sale transaction was in violation of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961, the jurisdictional Assistant Commissioner initiated proceedings against petitioner in LRF/79AB/CR:30/2012- 13 and passed an order on 24.08.2016 forfeiting said land to the Government. Being aggrieved by said order, petitioner filed an appeal before the Karnataka Appellate Tribunal in Appeal No.1/2017 which came to be allowed by order dated 24.01.2018 (Annexure-C). Since there was a typographical error in the name of petitioner, an application came to be filed and order came to be corrected by the Tribunal on 07.01.2019. Thereafter petitioner submitted a representation on 22.02.2019 to second respondent to effect katha and to enter his name in the revenue records in respect of land in question. On account of non consideration of said representation, petitioner is before this Court seeking for a writ of mandamus to second respondent to effect mutation and to enter his name in the revenue records.
3. Having regard to the above facts, it is needless to state that revenue authorities under Section 128(1) of the Karnataka Land Revenue Act, 1964 are required to effect mutation once a registered sale deed comes into existence. However, in the instant case, on account of proceedings having been initiated under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961, revenue records were not mutated to the name of petitioner. However, said proceedings having already come to an end as noticed supra, revenue authorities are required to effect mutation in the name of petitioner in respect of land in question.
Hence, the following:
ORDER i) Writ petition is allowed.
ii) Second respondent is hereby directed to effect mutation and enter the name of petitioner in pahanies in respect of land in survey No.80/1 measuring 23 acres situated at Bejjihalli Village, Hulikunte Hobli, Shira Taluk, Tumkur District as reflected in the sale deed dated 21.03.2009 expeditiously and at any rate within an outer limit of two months from the date of receipt of copy of this order.
SD/- JUDGE LB