SANNA BHIMSHA Vs. SECRETARY TO GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed this writ petition seeking for mandamus to respondent No.3 to consider the application submitted by the petitioner for mutation in the record of rights of land Sy.No.239 measuring 13 acres 3 guntas and Sy.No.240 measuring 8 acres 28 guntas, both lands situated at Arkera (K) village, taluk and district Yadgir, by deleting the entry of the name of Maruti Devasthana in the record of rights of the said lands.

(2.) It is the case of the petitioner that the lands Sy.No.239 measuring 13 acres 3 guntas and Sy.No.240 measuring 8 acres 28 guntas were owned and possessed by the ancestors of the petitioner namely Basappa S/o Sabanna Gopalpur. The said lands were under the personal cultivation of said Basappa. The said lands are Patta lands and are not inam lands. As per the record of rights for the year 1963-64, the said lands were given to Maruti Devasthan i.e., respondent No.4. It has been incorporated in the record of rights for the year 1963- 64. The ancestors of the petitioner namely Hanamanth S/o Lachamappa and Bhimanna S/o Sabanna submitted Form No.1 before the Karnataka Land Tribunal, Yadgir for grant of occupancy rights under the provisions of the Karnataka Certain Inams Abolition Act, 1977 (for short the 'Act') on the ground that the entry in the name of respondent No.4 was incorporated in the record of rights, the ancestors of the petitioner though that it was an inam land. The Land Tribunal rejected Form No.1 as per order dated 24.04.1992 on the ground that name of the ancestors of the petitioner was not mentioned in the record of rights and provisions of the Act are not attracted. The petitioner, after the death of his ancestors continued to cultivate the said lands. The said lands are even till today in continuous possession of the petitioner.

(3.) In the month of January, 2019, the petitioner approached respondent No.3 requesting to mutate the name of the petitioner in the revenue records on the ground that entry of name of respondent No.4 in the record of rights was wrong and unauthorized entry. Respondent No.4 filed objection to the said application on the ground that said lands are inam lands. On the strength of the application made by the petitioner, respondent No.3 issued a direction to the Revenue Inspector to conduct panchanama and enquire in respect of possession of the said lands. The Revenue Inspector and Village Accountant conducted the panchanama on 02.03.2019 alleging that the Land Tribunal has passed an order. The petitioner issued a notice to the Deputy Commissioner and respondent No.3 to mutate the name of the petitioner. Respondent No.3 has not passed any order on the application filed by the petitioner. Hence, this writ petition.