SELVA MARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court for assailing the Deputy Commissioner's order dtd. 6/8/2020 made under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 whereby certain entries in the revenue records have been directed to be mutated on the basis of two registered Gift Deeds evenly dtd. 21/3/2002.

(2.) Learned counsel for the Petitioner vehemently argues that the names of the respondent donee i.e., his sister could not have been entered in the revenue records when there was a registered Sale Deed dtd. 14/7/2006 executed by the donor i.e., his father himself in respect of land in Sy.No.13 of the concerned village which in all measures 2 acres & 06 guntas. Secondly, Petitioner was not made a party to the proceedings which resulted into adverse entries and therefore, the same needs to be voided on the ground of violation of principles of natural justice.

(3.) After service of notice, the official Respondents are represented by the learned AGA and the private Respondent is represented by her private counsel. Both they resist the Writ Petition making submission in justification of the impugned order contending that the property comprising the said survey number having already been gifted away by the subject two gift deeds in favour of petitioner's sisters, there could not have been a subsequent sale. They invoke the principle of nemo dat quod non habet. So contending, they seek dismissal of the writ petition.