GUNDAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER herein is impugning the order dated 23.8.2013 passed by the second respondent herein in allowing the revision petition No. 33/2008 -2009 under Section 136(3) of the Karnataka Land Revenue Act, 1961, consequently setting aside the order passed by the third respondent, namely Assistant Commissioner of Lingasugur Sub Division in RRT. Appeal No. 58/2006 -2007 dated 21.3.2007 and remanding the same for reconsideration to third respondent.

(2.) BRIEF facts leading to this writ petition are as under:

(3.) WHEN the matter came up for consideration before this Court, for ascertaining the correctness or otherwise of the entries made in changing katha of 4 acres of land in favour of Basavantappa, this Court summoned the entire original records pertaining to the proceedings resulting in the mutation entry bearing No. 95 pursuant to order dated 22.3.1999. On going through the same, it is seen that on the basis of a xerox copy of release deed said to have executed on Rs. 20/ - stamp paper, the katha of an extent of 4 acres of land in Sy. No. 176 is changed to the name of Basavantappa. It is seen that the name of Basavantappa is not seen in the xerox copy of release deed executed on Rs. 20/ - stamp paper. With this it is clear that the manner in which the mutation entry No. 95 dated 22.3.1999 is passed is without any basis, it does not even refer to the name of Basavantappa. Even otherwise, it is seen that the right in an immovable property cannot be released on the basis of an unregistered release deed executed on Rs. 20/ - stamp paper. In that view of the matter, this Court feel that the order of Assistant Commission in setting aside the aforesaid revenue entry and restoring the revenue entry in the name of Gundamma, petitioner herein, appears to be correct.