S. S. MAHADEVAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The grievance of the Petitioner in writ jurisdiction relates to not making of mutation entries in respect of the subject land on the basis of a Partition Decree dtd. 14/10/2017. Learned counsel for the Petitioner argues that in view of the legislative mandate enacted in the proviso to Sec. 135 of the Karnataka Land Revenue Act, 1964, the authorities are bound to mutate entries in terms of the Civil Court Decree. This having not been done, despite representation & reminder, he seeks an order at the hands of this court in this regard.

(2.) Learned AGA appearing for the Respondents opposes the petition contending that it is true that the authorities should act upon the Decree and make entries in the Revenue Records; however, in view of amended Sec. 128 of the 1964 Act which introduces the proviso, there is a requirement of 11-E Sketch to be obtained by the persons who apply for mutation of entries even when there is a Civil Court decree. He fairly submits that if the Petitioner files a 11-E Sketch obtained in terms of Proviso to Sec. 128 of the 1964 Act, there would be no difficulty in accomplishing the task.

(3.) Having heard learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission made by learned AGA appearing for the official Respondents. Mere obtainment of a Civil Court Decree for partition or the like is not sufficient; there has to be a survey of the land by the Licensed Surveyor to demarcate the land by metes & bounds in terms of Partition Decree.