HOLIYAPPA Vs. DEPUTY TAHSILDAR GULEDGUD

JUDGEMENT

(1.) THE petitioner's father is the purchaser of the land to an extent of 35 guntas in Sy. No. 91/1b of Kachapur Village, Badami Taluk, Bijapur district, from 3rd respondent-Parwatewwa under a registered sale deed dated 2-8-1971. It appears that the petitioner gave a vardhi in the year 1990 to the Deputy Tahsildar, Guledgud requesting him to enter the name of his father in the record of rights. Incidentally, it is pointed out by the learned Counsel for the petitioner that the petitioner was a minor at the time of purchase of the land. There was some delay in making such vardhi to the Deputy Tahsildar. Since the report was made after ten years after the petitioner attained majority, the Deputy Tahsildar rejected to effect the change of mutation. The grievance of the petitioner is that the Deputy Tahsildar has no such jurisdiction to reject his application for change of mutation even after sufficient time from the date of registration of the document. Proviso to Section 128 of the Karnataka land Revenue Act, 1964 imposes a statutory duty on the Revenue Officer concerned to effect the change of mutation without reporting the same to him by such person. A person acquiring a right by virtue of a registered document is exempted from such obligation to report to such officer. Section 128 (4) further clarifies this position. Where a person was paid the prescribed registration fee for making necessary entries in the record of rights and registers referred to in Section 129; and on registration of such document, the Registering Authority shall make a report of the acquisition of the right to the prescribed officer and he shall make necessary entries in the revenue records.

(2.) THIS position is clarified by a few decisions of this Court viz. , govinda Hari Kulkarni v Land Tribunal, Hukkeri and Anotherand b. L. Somanna v State of Karnataka and Another.

(3.) IN the case of B. L. Somanna, supra, it is specifically laid down that it is mandatory on the part of the Registering Authority to make a report mandatory on the part of the prescribed officer to enter in the register of mutation any such report received. The failure of the Registering Authority to report and the prescribed officer to make entries cannot be allowed to prejudice the purchaser.