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REVENUE ENTRIES - RIGHTS TO PROPERTY - CIVIL COURT IS APPROPRIATE FORUM 2006 KAR

JUSTICE D.V. Shylendra Kumar, of Karnataka High court in the case of Neria Estates Rural Industries ... vs State Of Karnataka And Ors. Reported in 2006 (1) KarLJ 295 The impugned order is one passed by the Tahsildar acting as a Revenue Authority for the purpose of showing the name of the Government in the revenue records. The Tahsildar acts as a functionary under the Karnataka Land Revenue Act, 1964 and any view expressed is only incidental. It is true that the Tahsildar is not the authority to determine the rights of the parties including to record a finding or to express a view as to who is the owner of a particular piece of land or even in respect of the entire extent of land to which the petitioner had sought for conferment of occupancy rights to say that the lands are vested with the State and the Government is the owner. ........... The order under challenge is an order passed by a Revenue Authority for the, purpose of showing the name of a person in the revenue records. It is not an order for determining any rights of any of the parties. .............. If the petitioner is a company and it has leasehold rights in respect of certain lands which according to the petitioner is plantation lands and if the petitioner is keen on getting his rights independently determined by a Competent Court, he has to approach the Civil Court. ................ Examination of the impugned order cannot in any way resolve the basic dispute as to the nature of the land that had vested in the Government. The dispute of this nature is essentially a civil dispute which has to be resolved by a Competent Civil Court and not in Article 226/227 proceedings. ................ The order passed by the Revenue Authority is only for the purpose of showing the entries in the revenue records. It is for this reason, I decline to exercise writ jurisdiction to interfere with the impugned order having regard to the decision of this Court in the case of Payappa Nemanna Huded v. Chamu Appayya Huded 1969(2) Mys. L.J. 198 (DB). .......... Reserving liberty to the petitioner to approach the Civil Court, this writ petition is dismissed........

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