SIDDAMMA W/O CHAMA SHETTY, SMT. SHIV ALINGAMMA W/O LATE MARADASA SHETTY AND SMT. LINGAMMA W/O NANJUNDA SHETTY Vs. DEPUTY COMMISSIONER, ASSISTANT COMMISSIONER, TAHSILDAR KOLLEGAL AND SMT. SIDDAMMA W/O THANDA SHETTY

JUDGEMENT

(1.) PETITIONERS claiming lineage through one Siddashetty since deceased applied for change of entries in the mutation registers in respect of certain immovable properties under the Karnataka Land Revenue Act, 1964, (for short 'the Act') which though opposed by the 4th Respondent, the Tahsildar allowed the Petitioner's claim following which the 4th Respondent filed an appeal before the Asst. Commissioner, who dismissed the appeal the Deputy Commissioner, who dismissed the appeal the Deputy Commissioner exercising the provisional jurisdiction under Section 136(3) of the Act having found that serious questions of fact and law requiring adjudication and determination by a competent Civil Court having arisen relegated the parties to the Civil Court, while at the same time directed recording of the names of the Petitioners and the 4th Respondent jointly in the mutation registers by order dated 31.1.2011, hence this writ petition.

(2.) THERE is no dispute over the reasoning adopted by the Deputy Commissioner in the order impugned. Indisputably the status of the parties cannot be subject matter of decision making in a revenue proceedings and therefore, the Deputy Commissioner was fully justified in drawing a conclusion that it was the Civil Court alone which would go into the question of claims of the parties over their lineage with Siddashetty. As regards entering the name of the 4th Respondent jointly with the Petitioner it cannot be in dispute that the mere making of an entry in the mutation register does not invest right, title and interest in that person over the said immovable property, since such an entry is only indicative of the person who is required to pay the taxes/revenue to the Government.

(3.) WRIT petition devoid of merit is rejected.