SIDAGIREPPA Vs. ASSISTANT COMMISSIONER BELGAUM DISTRICT

JUDGEMENT

(1.) SRI K. Nagaraja, the learned High Court Government Pleader, is directed to take notice for respondents 1 and 2.

(2.) EVEN though this petition is listed for preliminary hearing, the same is heard on merits and disposed of by this order, with the consent of the learned Counsel appearing on both the sides.

(3.) OF late a disturbing trend is being noticed in the proceedings before the Prescribed Officer and the Assistant commissioner, in the proceedings under Sections 128 to 136 (2)of the Karnataka Land Revenue Act, 1964 (for short "the Act" ). In many cases, either the Prescribed Officer or the Assistant commissioner have assumed powers to themselves to construct and decide the purport, intent and the effect of a document. In some other cases, orders are being made merely because of,a decree in a partition suit without ascertaining whether or not the decree has been executed and the proceedings are terminated and in some other cases orders are being made altering the entries in the revenue records which have been made long ago without there being any transaction compelling such alteration. This petition is one of those such cases in which neither the Prescribed Officer nor the Assistant Commissioner have taken care to ascertain, from the settled legal principles, the extent of their powers and the consequences of their orders by virtue of Sections 128 to 136 of the Act.