Muniraju, S/o Narayanappa v. State Of Karnataka, Department Of Revenue, M. S. Building, Dr. Ambedkar Veedhi, Bangalore
2024-11-21
M.I.ARUN
body2024
DigiLaw.ai
ORDER : M.I.Arun, J. 1. The petitioners are said to be owners of 5 acres of land, which is said to have been granted to their predecessor-in-title in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District. It is submitted that grant is of the year 1939-40. It is further submitted that Sy.No.1 of M.Satyawara Village consists of around 52 acres 37 guntas of land. It is also submitted that though the grant was made in the year 1939-40, phodi and durasti of the said land has not been conducted so far and no sub-survey number has been assigned to the said land. It is further submitted that the State has proposed utilization of certain lands in Sy.No.1 of M.Satyawara village for Ashraya Scheme and in the process, authorities are trying to illegally evict the petitioners from their land. For the said reason, the writ petition is filed with the following prayers: "a) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the Respondent authorities to conduct phodi in respect of 5 acres of land in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, by accepting their applications either manually or through online mode, (b) Issue a writ in the nature of Mandamus or any other appropriate writ or order, restraining the Respondent Authorities from evicting the Petitioners from their occupation over 5 Acres of land in Sy.No.1 of M.Satyawara village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, until the applications that will be given by the Petitioners are accepted and considered. (b) Grant such other relief that this Hon'ble Court may deem fit in the facts and circumstances of the matter." 2. Learned AGA appearing for the respondents upon instructions, submits that Sy.No.1 is a vast extent of land and apart from the land granted to various private persons, it also consists of Sarkari Gomal land and only the Government land has been sought to be utilized for Ashraya Scheme and other public purposes and not the land granted in favour of private individuals. He further submits that the State has no objections to conduct phodi and durasti of the lands as requested by the petitioners after verifying whether the grant made as claimed by the petitioners is genuine or not. For the said reason, he prays that the writ petition be dismissed. 3.
He further submits that the State has no objections to conduct phodi and durasti of the lands as requested by the petitioners after verifying whether the grant made as claimed by the petitioners is genuine or not. For the said reason, he prays that the writ petition be dismissed. 3. The present problem has arisen because phodi, durasti and hudbast of the lands are not being done immediately after grant is made by the State Government and also because phodi, durasti and hudbast is not done immediately after alienation of a portion of survey number by any of the individual who is the owner of the same. 4. Sections 106, 109 and 197(1) and (2)(m) of the Karnataka Land Revenue Act, 1964 (for short 'the Act') read as under: "106. Revenue Survey may be introduced by State Government into any part of the State.—(1) The State Government may, direct the survey of any land in any part of the State, with a view to the settlement of the land revenue and to the record and preservation of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey shall extend to the lands of any village, town or city generally, or to such land only as the State Government may direct; and subject to the orders of the State Government, the officers conducting any such survey may exclude from the survey settlement, any land to which it may not seem expedient that such settlement should be applied. (2) The control of every revenue survey under sub-section (1) shall vest in, and be exercised by the State Government. 109.
(2) The control of every revenue survey under sub-section (1) shall vest in, and be exercised by the State Government. 109. Division of Survey Numbers into Sub-divisions.—Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State,— (1) survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the lawful acquisition of rights in land or for any other reason; (2) the division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with such rules as may be made by the State Government in this behalf: Provided that the total of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Act, unless such assessment is liable to alteration under section 83; (3) the area and assessment of such sub-division shall be entered in such land records as the State Government may prescribe in this behalf. 197. Power of State Government to make rules.—(1) The State Government may, by notification and after previous publication, make rules, not inconsistent with the provisions of this Act, to carry out the purposes and objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for thereunder. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made,— (m) regulating the division of survey numbers into subdivisions and the fixing of the assessment of sub-divisions under section 109." 5. Thus, it is the responsibility of the State to introduce revenue survey in any part of the State for settlement of land revenue and also to record and preserve the rights connected therewith and the persons interested in the said lands are duty bound to assist the conduct of said survey.
Thus, it is the responsibility of the State to introduce revenue survey in any part of the State for settlement of land revenue and also to record and preserve the rights connected therewith and the persons interested in the said lands are duty bound to assist the conduct of said survey. By doing the necessary survey, phodi, durasti and hudbast in respect of land, the boundary of the land owned by a particular person is determined, a separate number is given for the said boundary and it helps in preserving the right of a person in respect of the land concerned as there will be no confusion in identification of the said land. (i) Chapter 2.37 of the Karnataka Revenue Survey Manual defines Durasti, which reads as under: 2.37.Durasti.-Restoration or incorporation in or correction of or insertion in survey records. (ii) Chapter 2.52 of the Karnataka Revenue Survey Manual defines Hudbast, which reads as under: 2.52.Hudbust.-Fixation of boundary. (iii) Chapter 2.102 of the Karnataka Revenue Survey Manual defines Phodi, which reads as under: 2.102.Phodi.-Sub-divided fields. (iv) Chapters 13.05, 13.07, 15.06 and 15.13 of the Karnataka Revenue Survey Manual read as under: 13.05.Land Grant cases:(LND Cases) - When land to the extent prescribed in the Land Grant Rules is to be disposed off on longer scale, suitable extent may be got laid out and the plots disposed off. Since while laying out plots, demarcation and classification of each plot is done, there will be no difficulty in disposing the land to the individuals. Where stray pieces of land are to be disposed off, the following procedure need to be followed: 13.07.Land Acquisition cases (L.A.Q. Cases): Whenever lands are required for public purposes such as road, village site, public well, school, housing. society etc., the acquiring body should get the lands demarcated by the Surveyor and preliminary notification published. Entire correspondence file need not be sent to the Land Records Department but only Blue Print Plan and Land acquisition statement shall be sent. On receipt of the above papers, the assistant Director of Land Records will order the Surveyor to go on the spot and complete measurement work. The Surveyor will measure only the area acquired on a scale 2½ chains = 1 inch or 1" = 4 Chains by Plain Table.
On receipt of the above papers, the assistant Director of Land Records will order the Surveyor to go on the spot and complete measurement work. The Surveyor will measure only the area acquired on a scale 2½ chains = 1 inch or 1" = 4 Chains by Plain Table. He shall plot one or two nearest marks of the parent survey numbers for the Purposes of map correction for other details please see the procedure explained for N.A. Cases. Plain Table sheets or sketches will be prepared in triplicate. For roads and canals, only area acquired should be measured, together with the minimum number of marks of the permanent Survey Numbers of Hissas as are necessary for ascertaining the particular holding of which the area acquired is made up. Further Unnecessary measurements should be avoided and superimposition of Tippan should be made with reference to marks plotted. The Surveyor will also complete the joint measurement certificate and submit a report to the Assistant Director of Land Records. The Assistant Director of Land Records will return the papers with sketches and JMC in triplicate to the L.A. Officer who will take further action to notify it finally under Section 6 of the Land Acquisition Act. After the award is passed and the possession is handed over to the concerned, the Land Acquisition Officer will send the following papers to the Assistant Director of Land Records for restoration of Akarband. (1) Sketch Copy (2) J.M.C. Copy (3)Award Copy (4)Copy of notification under Section 6 of LA. Act 15.06.Land Grant Cases.-According to the provisions contained in Rule 13 of Karnataka Land Grant Rules 1969, the Tahsildar is required to send papers to Assistant Director of Land Records for measurement of area granted immediately after sanction is accorded and before saguvali chit is issued. The measurement work is to be get done as per the area granted and clarification work should also be got done if not the area is already assumed and the paper sent to Revenue Authority for putting the grantee in possession of the area and also for issue of Saguvali Chit.
The measurement work is to be get done as per the area granted and clarification work should also be got done if not the area is already assumed and the paper sent to Revenue Authority for putting the grantee in possession of the area and also for issue of Saguvali Chit. As soon as the Saguvali Chit is issued, the Tahsildar is required to send the paper to the Assistant Director of Land Records who in turn get restoration work done and issue K.J.P. 5.13.When a portion of a Survey of a Survey Number/Sub-division is converted into Non-agriculture purpose use or a portion of Government Land is assigned for specific purpose or granted to individuals the portion remaining should be numbered and shown under indicative numbers 'A' and the portion assigned or grated should be numbered as 'B'. This will give the correct history of the Survey Number. Further the portions should be measured is done by cross staff for each parcel of land so as to enable to fix up the boundary at a later date." 6. Reading of the aforementioned provisions of the Act and the Karnataka Revenue Survey Manual requires conducting of phodi, durasti and hudbast of the land at the time of granting it to a particular individual or any Government institutions or any scheme by the Government. 7. Unfortunately, phodi, durasti and hudbast of the lands are not being carried out by the Government as contemplated in law and it is left undone in many cases unless vigorously pursued by the person who is the owner of the property and this has resulted in confusion regarding identity of the property and has led to many litigations. 8. Given the present day transaction regarding the properties, it is advisable for the State to devise a mechanism for conduct of phodi, durasti and hudbast forthwith even in respect of alienation of properties by private persons which the State comes to know as the concerned documents get registered with the Sub-Registrar. It is advisable for the State to devise necessary scheme for that purpose even by collecting a fee from the concerned parties to the transaction, if required. 9. In the instant case, petitioners claim to have acquired the ownership over the property which was granted to their predecessor-in-title and they are said to be in physical possession of the property.
It is advisable for the State to devise necessary scheme for that purpose even by collecting a fee from the concerned parties to the transaction, if required. 9. In the instant case, petitioners claim to have acquired the ownership over the property which was granted to their predecessor-in-title and they are said to be in physical possession of the property. Admittedly, phodi, durasti and hudbast has not taken place in respect of private holdings in Sy.No.1 and the land which belongs to the Government is sought to be utilized for Ashraya Scheme and other public purposes. This has led to confusion and apprehension that property being enjoyed by private persons such as petitioners is being encroached upon. This confusion is because phodi, durasti and hudbast of the lands granted in favour of private individuals have not been conducted. Hence, I am of the opinion that only after conducting phodi, durasti and hudbast of the lands belonging to the petitioners and other similarly situated persons in Sy.No.1, the State should utilize the Government lands for Ashraya Scheme and other public purposes. I am also of the opinion that it is a fit case to issue general direction to the State to conduct phodi, durasti and hudbast in respect of any land when the same is being granted and complete the phodi, durasti and hudbast of the land where land has been granted, but the same is not yet done and also devise a mechanism wherein, phodi, durasti and hudbast of the land will be done immediately after alienation of a portion of the property by any person.
Hence, the following: ORDER (i) Respondents are directed to conduct phodi, durasti and hudbast in respect of Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District, as expeditiously as possible but not later than six months from the date of receipt of a certified copy of this order, demarcating the boundaries of the property held by individuals and the Government more particularly, the petitioners and only thereafter utilize the Government lands so demarcated for Ashraya Scheme and other public purposes; (ii) Respondents are directed to conduct necessary phodi, durasti and hudbast in respect of granted lands in the State for which phodi, durasti and hudbast has not been conducted so far as expeditiously as possible; (iii) Respondents are also directed to devise a mechanism to conduct phodi, durasti and hudbast of land when a portion of the lands is alienated by any person by fixing and collecting a certain fee, if required from the concerned parties; (vi) Registry is directed to issue a copy of this order to respondent No.1 forthwith; (v) Accordingly, the writ petition is disposed of. In view of disposal of writ petition, all pending interlocutory applications, if any, stand disposed of.