IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 1ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL No.4483 OF 2016 (KLR-RES) BETWEEN:
THE TAHASILDAR MALUR TALUK OFFICE MALUR KOLAR DISTRICT-563 130.
(BY SRI.LAXMINARAYANA, AGA) AND:
SRI M A SOUNDER RAJAN SON OF LATE M.K.ALAGAPPA AGED ABOUT 50 YEARS RESIDING AT NO.8 8TH CROSS, ARALERI MAIN ROAD ADARSH NAGAR, MALUR KOLAR DISTRICT-563 130.
(BY SRI.VEERESH M, ADVOCATE-ABSENT) ... APPELLANT ... RESPONDENT THIS APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION No.26651/2015 DATED 22/07/2015.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 22.07.2015 passed by the learned Single Judge in Writ Petition No.26651 of 2015, in allowing the writ petition for quashing the impugned endorsement of the Tahsildar and directing issuance of certified copy of the revenue records, strictly in accordance with Rule 132 to 134 of the Karnataka Land Revenue Rules, 1966, (for short ‘the Rules’) the respondent – State has preferred this appeal.
2. Learned counsel for the appellant submits that whatever certified copies were sought for, have been issued to the writ petitioner subject to availability. The Tahsildar has issued an endorsement stating that the originals of the revenue records do not exist. The question of issuance of the certified copies of the revenue records, which are not available with the Tahsildar, would not arise for consideration.
3. Learned counsel for the respondent has opposed this contention.
4. On hearing learned counsels, we are of the view, that appropriate interference is called for in terms of Rules 132 to 134 of the Rules. For issuance of certified copies of the revenue records an application has been made by the petitioner. Apparently, some of the records sought for, do not exist with the authority. When the records do not exist, there cannot be a mandamus to issue certified copies of those records. Therefore, the order of the learned Single Judge to that extent requires to be modified.
5. Consequently, the writ appeal is partly allowed. The order dated 22.07.2015 passed by the learned Single Judge in Writ Petition No.26651 of 2015 is modified by directing the appellant to issue certified copies of the revenue records to the respondent herein, which is sought for, subject to availability with the appellant.
With the above observation, the writ appeal is disposed off.
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JUDGE JUDGE NG* CT:bms