Sri Kenchegowda vs The State of Karnataka and Others

Honb''le Mr. Justice D.V. Shylendra Kumar

Revenue entries are not fit matters for examination by the High Court in a writ petition under Article 227 of the Constitution of India. Revenue entries do not confer or divest title by themselves. Petitioner appears to be aggrieved by certain changes effected in the revenue records where under the entries in respect of the subject lands measuring 1 acre in Sy. No. 89/1 at Halasur Village, Satanur Hobli. Kanakapura Taluk, Ramanagara District, was altered to show the extent in the name of the petitioner in the revenue records to be virtually half of the original extent i.e., 20 guntas though in terms of the sale transaction under which the petitioner had got his name into the revenue records, he had purchased entire extent of 1 acre etc. Petitioner being aggrieved by this order, had preferred an appeal to the Assistant Commissioner, but the appeal being dismissed, a further effort before the Deputy Commissioner invoking his revisional jurisdiction also not yielding any result in favour of the petitioner, the present writ petition.

What right, title and interest the petitioner acquired and what extent of land he got into possession is not a matter which can be examined by this court in a writ petition under Article 227 of the Constitution of India.

However, Sri. R. Omkumar, learned Additional Government Advocate to whom is provided advance copy of the writ petition, points out that the Tahsildar appears to have acted on the basis of the proceedings of the Assistant Director of Land Records in No. ADLR MPR 01/01-02 & TQ MPR 364/01-02 and therefore unless those proceedings are got over, there is no way of the petitioner seeking restoration of the original entry etc.

Be that as it may, if the petitioner is aggrieved by the mere entries and wants to get over that, the petitioner can approach the civil court in terms of the proviso to section 135 of the Karnataka Land Revenue Act, 1964 [for short ''the Act''], or even take up the matter as per the statutory remedies under the Act itself. Without prejudice, this writ petition is dismissed.