Karnataka High Court
Sri Mekapati Vikram Reddy vs The Tahsildar on 6 September, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 17520 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17520 OF 2022 (KLR-RES)
BETWEEN:
SRI MEKAPATI VIKRAM REDDY
AGED 50 YEARS
S/O RAJMOHAN REDDY
R A/T PLOT NO. L2
YEMULUR HOMES ASSOCIATION
EPSILON VENTURES
YEMULURU MAIN ROAD
MARATHAHALLI
BANGALORE 560037
Digitally signed by ...PETITIONER
JUANITA
THEJESWINI
Location: HIGH (BY SRI. H.Y. HARISH, ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE TAHSILDAR
CHANANPATNA TALUK
CHANANPATNA 562160
RAMANAGARA DIST
2. THE ASSISTNAT DIRECTOR OF LAND RECORS
CHANNAPATNA TALUK
CHANNAPATNA 562160
RAMANAGARA DISTRICT
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WP No. 17520 of 2022
3. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
REP BY SECRETARY
VIDHANA SOUDHA
AMBEDAKR VEEDHI
BANGALORE 560001
...RESPONDENTS
(BY SRI. VIJAYKUMAR A PATIL, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT NO.RRT(DS)/354/2021-22 DTD. 11.04.2022
VIDE ANNX-B AS ONE EXCEEDING JURISDICTION AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned AGA takes notice for all the respondents. The petitioner who acquired right and title in respect of 12 acres of land in Sy.No.148 of Kannamangala Village, Kasaba Hobli, Channapatna Taluk, Ramanagara District, under a registered release deed dated 03.02.2022, is -3- WP No. 17520 of 2022 aggrieved of the impugned endorsement dated 11.04.2022 at Annexure 'B' issued by the first respondent-Tahsildar, Channapatna Taluk.
2. Learned Counsel for the petitioner submits that the Tahsildar, in the impugned endorsement dated 11.04.2022 has stated that the petitioner does not derive right and title under the release deed, even though it is a registered instrument. The Tahsildar has stated that the land in question is a gomal land and therefore, the predecessor-in-title Sri V.Ranganath could not have executed the release deed in favour of the petitioner. On these two counts, the application given by the petitioner for entering his name in the land records has been rejected by the Tahsildar.
3. This Court has time and again held that if a person who has acquired right, title and interest under registered instruments as contemplated in Section 128 of the -4- WP No. 17520 of 2022 Karnataka Land Revenue Act, 1964, approaches the revenue authorities seeking mutation entry consequent to the registered instruments, then the revenue authorities are bound to effect mutation entry of the person who has derived title under the registered instruments. Here is a case where the previous title holder Sri V.Ranganath, also got his name entered in the land records on the strength of a sale deed dated 15.09.1995 and such other sale deeds. The name of Sri V.Ranganath is undisputedly found in the land records from the year 1995. Therefore, at this stage when the petitioner herein has derived title under a registered release deed, which is one of the modes of acquisition of title in terms of the Transfer of Property Act, the Tahsildar could not have rejected the application filed by the petitioner seeking entry in the land records.
4. During the course of the arguments, the learned Counsel for the petitioner submitted that the petitioner was also informed orally that the authority will not issue -5- WP No. 17520 of 2022 11E sketch. Insofar as the 11E sketch is concerned, this Court has held in W.P.No.1523/2022 dated 26.07.2022 that it is in the interest of the parties who acquire rights over smaller portions of property which are divided either under the registered instruments or by a decree passed by the competent Civil Court, that they have to secure the 11E sketch at the hands of a licenced surveyor to enable the revenue authorities and the survey settlement authorities to maintain proper records of the division of the property. Therefore, insofar as the 11E sketch is concerned, this Court would direct the petitioner to approach a licenced surveyor to get a 11E sketch which can be submitted along with the application to the Tahsildar to enable mutation entry of the name of the petitioner in the land revenue records along with the 11E sketch which would show the exact division of the property and the same will enter the survey settlement records. -6- WP No. 17520 of 2022
5. Having found that the Tahsildar could not have rejected the application of the petitioner to have his name entered in the land revenue records, this Court proceeds to quash and set aside the impugned endorsement dated 11.04.2022 at Annexure 'B' issued by the Tahsildar, Channapatna Taluk.
6. The petitioner is directed to submit the 11E sketch to the respondent-Tahsildar and the Tahsildar, Channapatna Taluk, is hereby directed to enter the name of the petitioner in the land revenue records in respect of Sy.No.148 of Kannamangala Village, Kengeri Hobli, Channapatna Taluk, in terms of the release deed dated 03.02.2022. The petitioner shall furnish the 11E sketch to the Tahsildar and from the date when the 11E sketch is furnished to the Tahsildar, the Tahsildar shall consider and pass necessary orders in the matter of effecting mutation entry of the name of the petitioner in the land records, as expeditiously as possible and at any rate, within a period -7- WP No. 17520 of 2022 of two months from the date of receipt of a copy of the 11E sketch along with a copy of this order.
Learned AGA is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE JT/-