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ENTRIES IN REVENUE RECORDS SHOULD BE SUPPORTED BY DOCUMENTS

K. Pasala Reddy @ A.K. Pasalappa ... vs The State Of Karnataka ... on 28 September, 2007 The authorities are duty bound to effect the mutation based on 'Certificate of Grant' within the reasonable period from the date of grant and even otherwise the grantees are also at liberty to approach the authorities for expediting such an action and normally no grantee will keep quiet without getting his name mutated in the revenue records for so long. In spite of giving sufficient opportunity to the petitioner, he has not produced in certified copy of the original documents in respect of the land in question. Therefore, the second respondent has opined that, the claim of petitioner is bereft of reasoning and the entries so made are with an ulterior motive of making a 'wrongful gain' of the suit land belonging to Government. Therefore, having no other alternative, the said authority has directed the Tahsildar, Bangalroe South Taluk to round off all the related entries concerning the suit land made in the revenue records such as IL, RR, RTC and all other allied registers/records as they are all based on created, bogus and concocted entries, It is further significant to note that, when this matter was pending adjudication before this Court since 2005, after nearly expiry of four years also, petitioner has not chosen to produce at least before this Court, any piece of authenticated document or certified copy of the land grant made in favour of the petitioner except placing reliance on the stand taken before the second respondent - Special Deputy Commissioner, When the entries are not supported with any land grant order or any authenticated document as such produced by petitioner, the second respondent has rightly passed the impugned order, after conducting thorough enquiry and discussing elaborately, by recording valid and cogent reasons Hence, in view of the well considered order passed by the second respondent, after critical evaluation of the oral and documentary evidence and other relevant material available on file, interference by this Court, in the impugned order is uncalled for.



DUTY TO ACT FAIRLY

Thomas D' Castelino vs Special Deputy Commissioner ILR 1988 KAR 2936 The law is well settled that every administrative act in the discharge of statutory functions, is treated as judicial if it adversely affects the rights of a citizen or entails a penalty or causes a deprivation. Hence there is a duty to act judicially when property right is at stake, and this duty is a postulate of a system of fair administrative procedure.

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CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS