STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE REP. BY ITS SECRETARY Vs. SRI NAGAMUNIYAPPA

JUDGEMENT

(1.) THE State Government is calling in question the order dated 21.08.2010 passed by the Special Deputy Commissioner, Bangalore District, thereby dropping the suo motu proceedings initiated by him under Section 106(3) of the Karnataka Land Revenue Act. 1964 (for short 'the Act'). The Principal Secretary. Department of Revenue, Government of Karnataka, Bangalore addressed a letter dated 13.10.2006 to the Deputy Commissioner requesting to take necessary action with regard to the entries effected in the revenue records in the names of some private individuals, of the properly allegedly belonging to the Government comprised in Sy. No. 21 of Hosahalli Village, Jala Hobli, Bangalore North (Additional.) Taluk and to take steps to correct the revenue entries.

(2.) BASED on the said letter, the Deputy Commissioner initiated suo motu proceedings under Section 136(3) of the Act to examine the genuineness of the entries made in the revenue records as per mutation entry effected in the name of the 1st respondent herein in M.R. No. 7/1995 -96 in respect of the land bearing Sy. No. 21 measuring 2 acres. The Deputy Commissioner issued a show cause notice dated 30.10.2003 to the 1st respondent calling upon him to show cause why the entries made in the revenue records in his name should not be cancelled. Pursuant to the notice issued, objections were filed.

(3.) LEARNED counsel for the petitioner contends that the Deputy Commissioner has erred in not perusing the original documents and in noticing that the entries had been effected fraudulently in the revenue record. Such contentions cannot be entertained, in light of the findings of the Deputy Commissioner. No illegality is committed by the Deputy Commissioner in passing the impugned order as the order is based on materials on record that disclosed sufficient basis for the entries in favour of the 1st respondent. There is no basis for the allegation of fraud made.