RANGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court seeking a Writ of Mandamus to consider his representation dtd. 5/8/2021 at Annexure-E wherein he has sought for making of entries in respect of the subject land on the basis of a registered sale Deed dtd. 8/10/1996 a copy whereof avails at Annexure-A. Learned counsel for the Petitioner argues that ordinarily a registered instrument has to be acted upon for making entries taking its tenor with the face value, in the light of Apex Court decision in PREM SINGH & ORS vs BIRBAL & ORS . (2006) 5 SCC 353.

(2.) Learned AGA appearing for the official Respondents opposes the petition contending that in respect of the land admeasuring 03 Acres, already entry has been mutated in MR No.34/2007-08 in terms of Annexure-B and therefore, the claim in respect of remaining land should be deemed to have been rejected. The Petitioner has got an alternate remedy of appeal under Sec. 126(2) of the Karnataka Land Revenue Act, 1964 and therefore, he should be relegated to the same. So contending, he seeks dismissal of the writ petition.

(3.) Having heard learned counsel for the parties and having perused the petition papers, what transpires is the mutation of entries in respect of 03 Acres of land; however the claim for the remainder i.e., 02 Acres having been not granted, there need not be a specific order rejecting the claim, in so many words. If Petitioner is aggrieved by non-mutation of entries in respect of the remainder of the land, he is entitled to prefer an appeal/revision as rightly contended by learned AGA.