LAWS(KAR)-2011-1-28

VENKATANARASAMMA Vs. SPECIAL DEPUTY COMMISSIONER BANGALORE

Decided On January 03, 2011
VENKATANARASAMMA Appellant
V/S
SPECIAL DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) Writ proceedings have been used by unscrupulous tricksters, dodgers and persons who putforth claims to government lands to further their interest and also seek the aid of the High Court in writ jurisdiction to achieve such designs than to ventilate any of their legitimate grievance or legal rights.

(2.) The present writ petition is one such with the Petitioner approaching this Court in the context of changing of entries (pahani) in the revenue records by the officials in the revenue department Normally it is neither the function nor is required for a High Court while exercising jurisdiction under Article 227 of the Constitution of India, to look into correctness or otherwise of such revenue entries, as to in whose name the revenue entry stood, as to whether it should be mutated in the name of the Petitioner or in the name of the 4th Respondent, in respect of an extent of 8 acres of land in Sy. No. 116 situated at Kurubarahalli Village, Tavarekere Hobli, Bangalore South Taluk.

(3.) Claim of the Petitioner is that she is a person who is cultivating the land and that either herself or her deceased forefathers name had been indicated in the revenue records in respect of the subject land, who claim under one Syed Abdul Rahim, who in turn had claimed that he had purchased the land from one Thirumalaiah and the said Thirumalaiah having become the owner of the subject land in terms of court auction sale held in the year 1926 etc.