G. M. Gandagalekar Infrastructure v. State Of Karnataka, Department Of Revenue
2025-12-15
ANANT RAMANATH HEGDE
body2025
DigiLaw.ai
ORDER : ANANT RAMANATH HEGDE, J. This petition is filed assailing the order dated 18.02.2021 marked at Annexure-A passed by the Joint Director of Land Records. 2. The petitioner has also questioned the order dated 29.08.2019 passed by the Technical Assistant and Deputy Director of Land Records. 3. In terms of the said order dated 29.08.2019, the appeal filed by the Hubballi-Dharwad Municipal Corporation is allowed and certain mutation entries have been set aside. The Joint Director of Land Records in terms of order at Annexure-A has confirmed the said order. 4. The petitioner claims that his name is to be entered in the property records based on two registered sale deeds dated 09.02.2018. Two sale deeds have been executed for an extent of 5 ½ guntas each in City Survey No.58/1 in Ward No.5 of Hubballi. 5. The Authorities have refused to set aside the mutation based on the said sale deeds on the premise that the petitioner has purchased the property in excess of the holding of the vendor. The Authorities have also held that no title documents have been produced to establish that the vendor had title to the extent of the properties sold to the petitioner. 6. Learned for the respondent-Corporation would contend that the Authorities are justified in setting aside the mutation based on the said deeds on the premise that the petitioner claims to have acquired the property in excess of what is held by the petitioner’s vendor. 7. Learned counsel for respondent No.7 would contend that the petitioner is claiming right over property measuring 38 guntas belonging to respondent No.7. 8. The Court has considered the contentions raised at the Bar and perused the records. 9. The law relating to certification of mutation entry based on the registered sale deed is well settled. It is held by this Court that the Revenue Court has no jurisdiction to go beyond the registered sale deed. The entry based on the registered sale deed does not create any title or does not declare any title of the property. 10. The title is to be decided based on title deed and title of vendor. The Revenue Authorities have to enter the names in the property records based on the registered document. 11.
The entry based on the registered sale deed does not create any title or does not declare any title of the property. 10. The title is to be decided based on title deed and title of vendor. The Revenue Authorities have to enter the names in the property records based on the registered document. 11. Learned counsel for the petitioner on instruction would submit that the petitioner has no claim over the property covered in the judgment in RSA No.650/1997 and 642 of 1997, namely the property bearing No.145/1 measuring 1 acre 5 guntas and property bearing No.146/1B/1 measuring 38 guntas. 12. Said submission is placed on record. 13. Accordingly, the following: ORDER i. Writ petition is allowed ii. The impugned orders dated 18.02.2021 passed by the 2 nd respondent and order dated 29.08.2019 passed by the 3 rd respondent have been set aside. iii. The respondent-Authorities are directed to enter the name of the petitioner in the property records within 30 days from the date of receipt of certified copy of this order. iv. It is made clear that this Court has not decided any question relating to the title of the petitioner. v. If there is any dispute, same shall be the subject to the decision of the competent Civil Court.