- (1.) This writ petition is a Civil typical example of the manner of functioning of revenue officials, particularly, higher revenue officials holding the rank of Special Deputy Commissioners as to how they go about their work and more so, when they are exercising their suo motu revisions jurisdiction for reviewing any proceedings relating to entries being made in the revenue records for changing the entry from the name of one person in favour of any other person who claims that interest in the subject land has passed on from the erstwhile person to latter one claiming or seeking for his name to be entered in the revenue records. Revenue entries by themselves do not necessarily confer title and on the other hand, they only reflect the right, title and interest a person may otherwise have or has otherwise acquired. Unfortunately, ignorant and misled citizens believe that getting the revenue entries mutated is the most important aspect for getting ownership or title to the property to agricultural lands and even attach more importance to the entries being mutated in their names in the revenue records with the revenue authorities, who are responsible for effecting such changes in the revenue records particularly, after following the procedure contemplated in terms of Sections 127 and 129 of the Karnataka Land Revenue Act, 1964, (for short 'the Act') have either been filing appeals as provided under Sub-section (2) of Section 136 or invoking revkional jurisdiction of the Deputy Commissioner under Sub-section (3) of Section 136 of the Act.
(2.) The relevant provision viz., Sections 127, 128, 129, 130, 133, 134, 135 and 136 of the Act reads as under: 127. Record of Rights-(1) A record of rights shall be prepared in the prescribed manner in respect of every village and such record shall include the following particulars: (a) the names of persons who are holders, occupants, owners, mortgagees, landlords or tenants of the land or assignees of the rent or revenue thereof; (b) the nature and extent of the respective interest of such persons and the conditions or liabilities (if any) attaching thereto; (c) the rent of revenue (if any) payable by or to any of such persons; and (d) such other particulars as may be prescribed. (2) The record of rights shall be maintained by such officers in such areas as may be prescribed and different officers may be prescribed for different areas. Land Revenue 1964: KAR. ACT 12 520 (3) When the preparation of the record of rights referred to in Sub-section (1) is completed in respect of any village, the fact of such completion shall be notified in the official Gazette and in such manner as may be prescribed. 128. Acquisitions of rights to be reported-(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition, and the said officer shall at once give a written acknowledgment of the receipt of the report to the person making it: Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the prescribed officer: Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the prescribed officer: 1 (Provided also that any person reporting under this Sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed Surveyor.]1 1. Inserted by Act 14 of 1999 w.e.f. 30.4.1999. Explanation I.--The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting to a mortgage of the kind specified in Section 100 of the Transfer of Property Act, 1882 (Central Act No. 4 of 1882). Explanation II.--A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section. (2) Notwithstanding anything contained in Sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under Sub-section (1) may be made, in which case such officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the prescribed officer of the village concerned. 1964: KAR. ACT 12] Land Revenue 521 (3) If any person makes a report under Sub-section (1) or Sub-section (2): (a) after the period of three months but within the period of one year from the date of acquisition of the fight, the report shall be received on payment of penally of two rupees; (b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees, as may be ordered, (i) by the TahsiHar, in case the report is made under Sub-section (1) to the prescribed officer, or (ii) by the Revenue Officer, in case the report is made to such officer under Sub-section (2). (4) Ho document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue there under, shall be registered under the Indian Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to pay the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in Section 129; and on the registration of such a document, the registering authority shall make a report of the acquisition of the right to the prescribed officer. 129. Registration of mutations and register of disputed cases.--(1) The prescribed officer shall enter in the Register of Mutations every report made to him under Sub-section (1) of Section 128 or received by him under Sub-section (2) or Sub-section (4) of the said section. (2) Whenever a prescribed officer makes an entry in the Register of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the dhavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interes ted therein. (3) Should any objection to any entry made under Sub-section (1) in the Register of Mutations be made either orally or in writing to the prescribed officer, it shall be the duty of the prescribed officer to enter the particulars of the objections in a Register of Deputed Cases. Land Revenue (1964: KAR. ACT 12 522 (4) The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such officer and in such manner as may be prescribed. Orders disposing of such objections shall be recorded in the Register of Mutations by such officer. (5) The officer holding an enquiry under Sub-section (4) shall have all the powers under Chapter HI that a Revenue Officer has in making formal or summary enquiry under this Act. (6) Entries in the Register of Mutations shall be tested and if found correct or after correction, as the case may be, shall be certified by such officer as may be prescribed. (7) The transfer of entries from the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that an entry m the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified. 130. Chligation to furnish information.-- (1) Airy person whose rights, interests or liabilities are required to be or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any officer engaged in compiling or revising the record or register, to furnish or produce for his inspection within thirty days from the date of such requisition, all such information or documents needed for the correct compilation of revision thereof, as may be within his knowledge or in his possession or power. (2) An officer to whom any information is furnished or before whom any document is produced in accordance with a requisition under Sub-section (1) shall at once give a written acknowledgment thereof to the person furnishing or producing the same a (or may return the same immediately after keeping a copy of it, if necessary] and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof. 1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982. (3) Any person who mils to furnish information or produce the document required by Sub-section (1) within the period specified in the said Sub-section shall be liable to pay a penalty not exceeding twenty-five rupees, as may be fixed by the afTahsildar] and the amount payable as penalty shall be recoverable as an arrear of land revenue: 1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969. Provided that no penalty shall be imposed under this Sub-section without giving to the person concerned a reasonable opportunity to be heard. 133. Presumption regarding entries in the records.--An entry in the Record of Rights and a certified entry in the Register of Mutations [or in the patta book] shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefore. 1. Inserted by Act 23 of 1982 w.e.f. 15.7.1982. 134. Certified copies.--Applications for certified copies of entries in the Record of Rights or the Register of Mutations may be made to and such copies may be given by the prescribed officers. 135. Bar of Suits: No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended: Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in any record or register maintained under this Chapter, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his right under Chapter VT of the Specific Relief Act, 1877; and the entry in the record or register shall be amended in accordance with any such declaration. 136. Appeal and Revision: (1) The provisions of Chapter v. shall not apply to any decision or order under this Chapter. (2) Any person affected by an order made under Sub-section (4) or an entry certified under Sub-section (6) of Section 129 may, within a period of sixty days from the date of communication of the order or the knowledge of the entry certified, appeal to such officer as may be prescribed by the State Government in this behalf and his decision shall be final. (3) The Deputy Commissioner may, on his own motion or application of a party, call for an examine any records made under Section 127 and Section 129 and pass such orders as he may deem fit. Provided that no order shall be passed except after hearing the party who would be adversely affected by such order.
(3.) A general impression has gained ground that even when a person who has invoked the appellate jurisdiction of the Asst. Commissioner under Sub-section (2) of Section 136 of the Act has gone through that process, can nevertheless invoke the revisions! jurisdiction of the Deputy Commissioner under Sub-section (3) of Section 136 of the Act, though in terms of the proviso to Section 135 of the Act, the further course of remedy for such persons who claim to have been affected by the appellate order passed by the Asst. Commissioner is only to approach the Civil Court and the Deputy Commissioner does not have jurisdiction over such orders as sue motu revisional jurisdiction of the Deputy Commissioner can only be in respect of original proceedings that have taken place and as contemplated in Sections 127 and 129 of the Act as indicated in Sub-section (3) of Section 136 of the Act itself.;