BETTASWAMAIAH Vs. STATE OF KARNATAKA REVENUE DEPARTMENT

JUDGEMENT

(1.) Property rights are not examined by the High Court in a petition either under Article 226 or 227 of the Constitution of India. More so, when an order which is sought to be questioned before the High Court is only an order relating to certain revenue entries in respect of agricultural lands and does not necessarily affect property rights.

(2.) Petitioner is aggrieved by a correction order dated 10.5.2011 passed by the Tahsildar, Magadi Taluk in Proceedings No. RRT/PADA/CR/03-04, directing that the entries in the revenue records in respect of Sy. No. 35 of Shivanasandra Village, Thippasandra Hobli, Magadi Taluk, which perhaps had been earlier mutated in the name of one by name Giriyanna deleting the name of the Government and to show the name of erstwhile khatedar on the premise that the subject land had been forfeited to the State for non-payment of land revenue earlier [year and details not forthcoming in either the order dated 10.5.2011 at Annexure-A or original order dated 30.10.2010 which is corrected by subsequent order] and on the successor in interest of the erstwhile khatedar, writ Petitioner who claimed to having paid the arrears of land revenue in a sum of Rs. l,012/- and the fine for restoring the land in a sum of Rs. 3,036/-, in all Rs. 4,048/- having been remitted to the State account through a challan No. 0073 dated 30.10.2010 at State Bank of Mysore, Magadi Branch and having produced the same, the Tahsildar in exercise of his powers under Section 163(2) of the Karnataka Land Revenue Act, 1964 [for short the Act'] having ordered for restoration in favour of the original khatedar one Giriyanna in the entire extent of 7 acres 20 guntas including kharab of 9 guntas in this survey number and on the basis of request made in the year 2003-04 and renewed his request on 4.5.2010 and having remitted the amount mentioned above on 5.10.2010 while that order had been passed, subsequently on the representation made by the Education Officer of Magadi Taluk as per his letter dated 13.1.2011 apprising the Tahsildar that an extent of land measuring 90 ft x 177 ft had been handed over to the Government as per a gift deed executed by one Cheluvaiah son of Kalyanaiah on 10.11.2009 for the purpose of construction of Government High School and as the construction of the High School was in an advanced stage and therefore the Education Officer having requested the Tahsildar for granting lands as at the relevant time gift deed had not been registered and therefore to that extent the Tahsildar having directed the entries in the revenue records to be altered to indicate an extent of 6 acres 36 guntas of land in the name of the original khatedar and an extent of 15 guntas [ 90 ft x 177 ft] in the name of the Government High School, it is aggrieved by this correction effected to the earlier entry the present writ petition by the person claiming to be grandson of original khatedar by name Giriyanna through his son Singraiah, contending that this action taken by the Tahsildar is to the utmost detriment of the Petitioner's interest; that it has been passed even without any notice to the writ Petitioner; that it is in gross violation of the principles of natural justice and therefore per se is not sustainable in law and in this context has sought for the following reliefs:

(3.) Appearing on behalf of the writ Petitioner, Sri. Prabhugoud B Tumbigi, Learned Counsel has very vehemently urged that the order passed by the Tahsildar being one in violation of the principles of natural justice and to the detriment of the Petitioner's interest, it is necessary this Court should exercise jurisdiction even under Article 227 of the Constitution of India to quash this order and remand the matter to the Tahsildar for according a proper opportunity to the writ Petitioner and to pass orders afresh etc.,.