H CHANNAHANUMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has called into question the second respondent Deputy Commissioner's order, dated 28.03.2012 (Annexure A) restoring the order of the fourth respondent Tahsildar for effecting the mutation entry in respect of the land measuring 1 acre 1 gunta at Sy.No.34 of Kodige Thirumalapura Village, Hesaraghatta Hobli, Bangalore North (Additional) Taluk in favour of the respondent No.5.

(2.) THE facts of the case in brief are that the land at Sy.No.34 totally measured 6 acres 37 guntas including 1 gunta of phot kharab land. The respondent No.5 purchased 1 acre 1 gunta of the said lands by a registered sale deed, dated 15.10.1958. The petitioner purchased the balance extent of 5 acres 35 guntas of land by a registered sale deed, dated 20.07.1972. The respondent No.5 sought the mutation entry in respect of the land measuring 1 acre 1 gunta in his favour. The Special Tahsildar, acting on his request effected M.R.No.24/2008 09. This was challenged by the petitioner by way of appeal before the Assistant Commissioner. The Assistant Commissioner passed the order, dated 13.06.2011 (Annexure M) by setting aside the Tahsildar's order of M.R.No.24/2008 09. This order was challenged by the respondent No.5 by filing Revision Petition No.110/2011 12 before the Deputy Commissioner. The Deputy Commissioner by his order, dated 28.03.2012 (Annexure A) set aside the Assistant Commissioner's order and directed the Special Tahsildar to continue the mutation/khata of the land in question in the name of the fifth respondent.

(3.) HE submits that the mutation entry was sought in 2008 based on the sale deed stated to have been executed in 1958. The parties cannot seek the mutation entry rising up after nearly 50 years. In the long intervening period, the purchaser may have lost his right. He brings to my notice this Court's decision in the case of SRI ANNA RAO AND OTHERS vs. SRI GUNDAREDDY AND OTHERS reported in ILR 1997 Kar.1998, wherein it is held that it is not permissible for the revenue officer to order for the correction of the entries in the record of rights and pahanies by deleting the names of the petitioners in that case and in their place by entering the name of the State Government after 43 years from the date of the entry made in the revenue records.