P.K. VASUDEVAN Vs. DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THIS Writ Petition projects an interesting question of law relating to jurisdiction of the land revenue authorities regarding the scope of enquiry under Section 129 of the Karnataka Land Revenue Act (hereinafter called in short as Act) in respect of the lands bearing Sy. No. 69/11 of Srimangala village measuring 2 acres of Virajpet Taluk in Kodagu District. One P.K. Kumaran was the owner and khatedar. The writ Petitioner claims to be the son of P.K. Kumaran. Respondents No. 2 and 3 are the sister and brother of the Petitioner, and children of P.K. Kumaran. After the demise of Kumaran on 29.12.1995, respondent No. 2 on the strength of the registered Will executed by late P.K. Kumaran requested mutate of names in the land revenue records. The Petitioner seriously contested the application of respondent No. 2 contends that the Will is invalid and unenforceable.

(2.) THE names of respondent No. 2 was mutated by virtue of the registered Will. The Petitioner filed appeal before the Assistant Commissioner challenging the mutation by an order at Annexure -B. Mutation was cancelled by the Assistant Commissioner. The respondents preferred revision over the said order before the Deputy Commissioner who in revision by an order at Annexure -A set aside the order of the Assistant Commissioner and directed to mutate names of respondent No. 2 as khatedar on the basis of the registered Will. It appears that under the Will the deceased P.K. Kumaran has bequeathed all his disputed properties in favour of respondent No. 2. Third respondent sails with the Petitioner.

(3.) THE provisions of Section 128 postulates different situations in request for mutation of entry in the Land Revenue Records. Acquisition of right by virtue of a registered document is one of the recognised types, when a person acquires right under any registered document in respect of a land governed by the Act, there is no obligation cast on him to report to the Revenue Officer specifically for mutation. Sub -section (4) of Section 128 itself provides a procedure as to how such registered documents have to be reported and intimated to the revenue authorities to carry out the mutations in accordance with the contents of the registered instrument. Therefore, meticulous reading of the provisions of Section 128 discloses that whenever a person acquires right under the registered document, the revenue authorities are bound to carry out mutations in accordance with the contents of the registered document.