Case Note & Summary
The appellant, Sri R.A. Pradeep, filed a writ appeal before the High Court of Karnataka challenging the judgment and order dated 01.03.2017 of the learned Single Judge in W.P.No.12370/2009. The writ petition had challenged an order dated 12.01.2009 passed by the Special Deputy Commissioner, Bengaluru District in Revision Petition No.205/2007-2008 under Section 136(3) of the Karnataka Land Revenue Act, 1964. The dispute arose out of mutation entry proceedings concerning a land described in paragraph 1 of the appeal. The appellant sought to set aside the Single Judge's order and quash the Deputy Commissioner's order. The court first considered I.A.No.1/2017 for condonation of delay of 105 days in filing the appeal, which was allowed upon finding sufficient cause. The appeal was then taken up for final disposal by consent. The court noted that the challenge was to the Deputy Commissioner's order in revision. Upon hearing submissions, the court found that the Deputy Commissioner had not considered the relevant material and had not given adequate reasons for rejecting the revision petition. Consequently, the court allowed the appeal, set aside the Single Judge's order and the Deputy Commissioner's order, and remanded the matter to the Deputy Commissioner for fresh consideration in accordance with law. The court directed that the parties be given an opportunity of hearing and that the Deputy Commissioner pass a reasoned order within three months from the date of receipt of the order.
Headnote
A) Condonation of Delay - Sufficient Cause - Delay of 105 days in filing appeal condoned as sufficient cause was made out in the affidavit - Held that delay is condoned and application allowed (Para 1). B) Karnataka Land Revenue Act, 1964 - Section 136(3) - Revision - Mutation Entry - The Special Deputy Commissioner failed to consider relevant material and provide reasons while rejecting revision petition - Held that the order was unsustainable and matter remanded for fresh consideration (Paras 3-5).
Issue of Consideration
Whether the Special Deputy Commissioner's order dated 12.01.2009 in Revision Petition No.205/2007-2008 under Section 136(3) of the Karnataka Land Revenue Act, 1964 was legally sustainable and whether the learned Single Judge erred in upholding it.
Final Decision
The appeal is allowed. The judgment and order dated 01.03.2017 passed by the learned Single Judge in W.P.No.12370/2009 and the order dated 12.01.2009 passed by the Special Deputy Commissioner in Revision Petition No.205/2007-2008 are set aside. The matter is remanded to the Special Deputy Commissioner for fresh consideration in accordance with law, after giving an opportunity of hearing to the parties, and to pass a reasoned order within three months from the date of receipt of the order.
Law Points
- Condonation of delay
- Sufficient cause
- Revision under Section 136(3) of Karnataka Land Revenue Act
- 1964
- Mutation entry proceedings
- Duty of quasi-judicial authority to consider material and give reasons
