IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.58774/2013 (KLR-RR/SUR) BETWEEN:
VICTOR LOBO S/O JOHN LOBO SINCE DEAD BY LRS:
a) DEEPAK LOBO S/O VICTOR LOBO AGED ABOUT 33 YEARS.
b) DANVER JOHAN LOBO S/O LATE VICTOR LOBO AGED ABOUT 33 YEARS.
BOTH ARE RESIDING AT NO.603/A WILSON MANAR, 13TH CROSS WILSON GARDEN, BANGALORE.
(BY SRI. SANDHYA U PRABHU, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE – 560 001.
2 . THE TAHSILDAR K.R. PURAM, BANGALORE EAST TALUK, BANGALORE URBAN DISTRICT – 560 001.
...PETITIONERS …RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER AS PER ANNEX-H DATED:08.11.2009 AND TO ENTER THE NAME OF THE PETITIONER IN ALL REVENUE RECORDS LIKE PAHANT, MUTUATION, ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for quashing of endorsement dated 31.08.2013 whereunder application submitted by petitioner on 10.06.2011- Annexure-K requesting for mutating the revenue records in respect of land measuring 4 acres of land situated in Sy.No.98 at Kumbalagodu village, Kengeri Hobli, Bangalore South Taluk, Bangalore Urban District has been rejected on the ground that petitioner had failed to furnish the original grant order though notices came to be issued in that regard.
2. Having heard the learned Advocates appearing for parties and on perusal of grounds urged in the petition it would clearly emerged therefrom that petitioner who is said to be a B.Sc., agricultural graduate had purchased the land in question under a registered sale deed dated 23.03.1994 and has been cultivating land in question after having dug two bore wells for irrigation purposes and has carried out agricultural operations in the said land. Since there was a dispute with regard to stamp duty payable on the sale deed a notice came to be issued by the District Registrar on 20.02.1997- Annexure-C to the petitioner and as such original sale deed was not released. Thereafter petitioner has paid stamp duty including registration charges amounting to Rs.2,08,000/- and has got original sale deed released. Yet, respondents did not mutate the revenue records despite petitioner seeking for mutation of revenue records by submitting representations repeatedly. Petitioner had approached this Court in W.P.No.26838/2010 and it came to be rejected on the ground that mutation had been sought for after sale transaction had taken place about 16 years back.
3. A statutory duty is cast on the revenue authorities under second proviso to Section 128 of the Karnataka Land Revenue Act, 1964, exempting a person from the obligation of reporting sale transaction to the prescribed office when a registered document comes in to existence. Failure to discharge said statutory duties applicant would definitely cloth the purchaser-applicant to seek for a writ of mandamus to the authorities to perform their statutory duty. As such this Court is of the view that petitioner is entitled to the relief sought for. While examining prayer for mutating the revenue records, revenue authorities are not empowered to go into the issue of examining the previous title deeds as has been done in the instant case. It is always open for the authorities to take steps in that regard. Hence, impugned endorsement issued to the petitioner dated 31.08.2013 vide Annexure-L refusing to mutate revenue records on the ground that petitioner had failed to produce the original grant order made in favour of predecessor in title of petitioner is a ground which is un available to the revenue authorities. As such impugned endorsement would not stand the test of law.
For reasons aforestated, I proceed to pass the following;
ORDER (1) Writ petition is allowed.
(2) Endorsement dated 31.08.2013 vide Annexure-L issued by the second respondent is quashed.
(3) A writ of mandamus is issued to second respondent to mutate the revenue records of the land bearing Sy.No.98 of Kumbalagodu village, Kengeri Hobli, Bangalore South Taluk, Bangalore Urban District measuring 4 Acres by considering the representation dated 10.06.2011 vide Annexure-K expeditiously and at any rate within an outer limit of two months from today.
SD/- JUDGE RU