Synopsis

The State of Karnataka challenged orders passed by the Special Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964, who had dropped proceedings initiated by the Tahsildar seeking deletion of names of private parties from revenue records. Simultaneously, the Joint Director of Land Records (JDLR), in proceedings for phodi and durasth (subdivision and assignment of new survey numbers), passed orders directing the Tahsildar to remove the names of the private parties from the computerized RTCs, alleging that no valid grants had been made. The private parties filed separate writ petitions challenging the JDLR’s orders. The High Court allowed the private parties’ writ petitions and dismissed the State’s petitions, holding that: (i) the JDLR has no jurisdiction under Chapter XI of the Act to order removal of names from revenue records; such power lies only with the Tahsildar, Assistant Commissioner, or Deputy Commissioner; (ii) suo motu proceedings under Section 136(3) must be initiated within a reasonable time – here, after 3-4 decades, the action is barred; (iii) the principle of reasonable time applies even where fraud is alleged; and (iv) the Revenue Department must issue guidelines to Tahsildars.

Court: High Court of Karnataka at Bengaluru

Coram: Justice R Devda

Date of Judgment: 1st April 2026

Citation: Writ Petition No. 24112 of 2018 (and connected matters)

Core Law: Karnataka Land Revenue Act, 1964 – Sections 136(3), 127-129; Limitation – reasonable time for suo motu revision; Revenue records – jurisdiction of Survey Settlement Authorities

2. Legal Framework

Major laws and provisions involved

• Karnataka Land Revenue Act, 1964 – Sections 127 to 129 (Record of Rights – hierarchy of officers), Section 136(3) (suo motu revision by Deputy Commissioner/Special Deputy Commissioner), Chapter V (Survey Settlement Authorities), Chapter XI (Record of Rights)

Key legal principles applied

• Jurisdiction of Survey Settlement Authoritie

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