RANJIT KABIRAJ S/O GURUPADO KABIRAJ Vs. THE STATE THROUGH ITS CHIEF SECRETARY TO GOVT. OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The endorsement issued by the Deputy Commissioner at Annexure-C dated 26.02.2015 is sought to be quashed in this petition. By the said endorsement, the petitioner is informed that in pursuance of compromise decree entered between the parties in R.A.No.108/2009 before the District Judge, Raichur, in respect of land in Sy.No.510 of Sindhnoor (R.H.2), the petitioner has sought for change of entry in Pahani. But, as per Section 132 (3) of the Karnataka Land Revenue Act, 1964 (for short 'the Act'), the concerned Curt shall communicate the District Commissioner, then only the matter will be considered under Sections 128 and 129 of the Act.

(2.) The Pahani (Annexure-B) for the year 2014- 2015 stands in the name of one Smt.Pashi Bishwas W/o Pagal Biswas. From perusal of decree passed in R.A.No.108/2009 on the file of District Judge, Raichur, it is not a compromise decree but a decree passed on contest. Even otherwise, Section 132(3) of the Act contemplates procedure to be followed for correction of the entry consequent upon a decree of the Court. Accordingly, the communication shall be from the Court itself to the Deputy Commissioner. No fault can be found on the part of the Deputy Commissioner in insisting the petitioner to get a direction from the concerned Court as per procedure contemplated by Section 132(3) of the Act, and the petition lacks merit.

(3.) In that view of the matter, petition is rejected.