Case Note & Summary
The petitioners, five individuals, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging an endorsement dated 03.02.2024 issued by the Tahsildar, Jamkhandi (Respondent No.2). The petitioners sought a declaration that the Tahsildar or other revenue authorities are not empowered to make entries in the Record of Rights regarding orders of injunction, stay etc. granted by civil courts in respect of immovable properties in the absence of a specific direction from the court concerned. They also sought a writ of certiorari to quash the impugned endorsement and a writ of mandamus directing the Tahsildar to delete the entry in the style 'Court stay as per order number OS No.132/2023 dated 11.01.2024 12.00 AM' made in Column No.11 of the Record of Rights produced vide Annexures-E to E7. The court, after hearing the counsel for the petitioners and the Additional Government Advocate for the respondents, allowed the petition. The court declared that the Tahsildar or other revenue authorities are not empowered to make entries in the Record of Rights regarding orders of injunction, stay etc. granted by civil courts in respect of immovable properties in the absence of a specific direction from the court concerned. Consequently, the impugned endorsement dated 03.02.2024 was quashed, and the Tahsildar was directed to delete the entry in Column No.11 of the Record of Rights.
Headnote
A) Revenue Law - Record of Rights - Entry of Civil Court Orders - The Tahsildar or other revenue authorities are not empowered to make entries in the Record of Rights regarding orders of injunction, stay etc. granted by civil courts in respect of immovable properties in the absence of a specific direction from the court concerned. The court held that such entries are without jurisdiction and liable to be quashed. (Paras 1-3)
Issue of Consideration
Whether the Tahsildar or other revenue authorities are empowered to make entries in the Record of Rights regarding orders of injunction, stay etc. granted by civil courts in respect of immovable properties in the absence of a specific direction from the court concerned.
Final Decision
The petition is allowed. It is declared that the Tahsildar or other revenue authorities are not empowered to make entries in the Record of Rights regarding orders of injunction, stay etc. granted by civil courts in respect of immovable properties in the absence of a specific direction from the court concerned. The impugned endorsement dated 03.02.2024 issued by the Respondent No.2 vide Annexure-G is quashed. The Respondent No.2 is directed to delete the entry in the style 'Court stay as per order number OS No.132/2023 dated 11.01.2024 12.00 AM' made in Column No.11 of the Record of Rights produced vide Annexures-E to E7.
Law Points
- Revenue authorities cannot suo motu record civil court orders in Record of Rights
- Only specific court direction can authorize such entries
- Article 227 of Constitution of India
