LAWS(KAR)-2005-10-65

S. SHIVANNA Vs. THE SPECIAL TAHSILDAR AND OTHERS

Decided On October 24, 2005
S. Shivanna Appellant
V/S
The Special Tahsildar And Others Respondents

JUDGEMENT

(1.) NON -interference is the rule insofar as the orders passed by the Revenue Authorities under the provisions of the Karnataka Land Revenue Act, 1964 (for short, 'the Act'), for the purpose of mutating names of persons who have acquired rights by showing their names in the revenue records.

(2.) IT is for this reason this Court dismisses a good number of such writ petitions, directing the parties to make good their claims, rights, title and interest etc., before the Civil Court and whereupon to seek the Revenue Authorities for changes in the revenue records also in terms of the determination by the Civil Court vis -a -vis warring parties. But interference, though an exception and on rare occasions, will be in a case where it is warranted.

(3.) THE brief facts leading to this petition are: That the petitioner is complaining of orders passed by the Tahsildar in terms of his order dated 4 -8 -2001 purporting to act under the provisions of Section 128 of the Act and according to the petitioner, to his detriment which order the petitioner was not able to shake off in spite of the appeal to the Assistant Commissioner Under Section 136(2) of the Act and not even revisional jurisdiction by the Deputy Commissioner Under Section 136(3) of the Act and therefore the present writ petition.