LAWS(KAR)-2005-10-38

S SHIVANNA Vs. SPECIAL TAHSILDAR

Decided On October 24, 2005
S.SHIVANNA Appellant
V/S
SPECIAL TAHSILDAR 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 writ jurisdiction of this Court whether for issue of certiorari or writ of mandamus or even for issue of writ of prohibition, will be exercised when this Court notices that the administrative authorities have exercised the power given to them under the statutory provisions in an arbitrary, whimsical and unreasonable manner which shocks the conscious of the Court. I find the present writ petition brings to the notice of this Court one such situation and therefore compels interfere in the matter.