High CourtsSingle Bench(2011) 01 KAR CK 0114

Smt. S.B. Rajini rep. by her P.A. Sri V. Shiva Kumar vs The Tahsildar and State of Karnataka

Karnataka High Court · Decided on 19 January 2011

HON’BLE JUDGES
D.V. Shylendra Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 39121 of 2010

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Judgment

5 paragraphs · 306 words

D.V. Shylendra Kumar, J.—Writ Petitioner claiming to be the owner of an extent of 4 acres of land in Sy. No. 30, Block No. 2 of Byalaru Grama, Kasaba Hobli, Nanjangud Taluk, Mysore District, is aggrieved that the revenue records which depicted her name ever since the year 1968, has discontinued the same on and after the year 2000 onwards and though a representation was given to the Respondent - Tahsildar, Nanjangud Taluk, for correcting this position, the Tahsildar having not obliged, has approached this Court praying for the following relief:

Issue a Writ in the nature of mandamus directing the Respondent to consider her representations at annexures - D1 to D4 and direct the Respondent to enter the name of the Petitioner at Col 9 & 12 of the RTC as it stood earlier for a period of about 30 years

2.

Submission of Sri. Nandeesh, learned Counsel for the Petitioner is that the Tahsildar neither rejected the representation nor obliged for correcting the revenue records and hence the Petitioner is constrained to approach this Court.

3.

The Tahsildar is a low ranking revenue official above whom is the Assistant Commissioner, Deputy Commissioner, Regional Commissioner and the very State Government. If the entries in the revenue records as now indicated by the authorities are adverse to the interest of the Petitioner, it is open to the Petitioner to work out her remedies either as provided under the statutory provisions of the Karnataka Land Revenue Act, 1964 or even before a civil court, but such matters are not fit for examination in writ jurisdiction, particularly, being based on title to a private property under sale deed executed by private persons.

4.

It is for this reason, this writ petition is dismissed without prejudice to such rights and remedies the Petitioner may have before any other forum.