Licensed surveyors appointed under Section 18A of the Karnataka Land Revenue Act are to be treated as 'public servants' for the purposes of the Prevention of Corruption Act, 1988, based on their performance of statutory duties and public functions.

JUDGMENT :

A.K. Sikri, J.

Leave granted.

2. The issue involved in these appeals is as to whether the respondent who was appointed as licenced surveyor under Section 18A of the Karnataka Land Revenue Act, 1964, (hereinafter referred to as 'Act') would be treated as "public servant" for the purposes of Prevention of Corruption Act, 1988. There was a difference of opinion expressed by the different Benches of the High Court and, therefore, the matter was referred to the larger Bench. The Division Bench vide its judgment dated 29th November, 2011 in Criminal Petition No. 10853 of 2011 resolved the issue by holding that such a licenced surveyor would be treated as a 'public servant' as defined under Section 2(c) of the Prevention of Corruption Act, 1988. The material portion of the said judgment reads as under: -

"For considering the aforementioned issue referred to us, it is necessary to refer to certain of the provisions of the Karnataka Land Revenue Act and Karnataka Land Revenue Rules framed thereunder as also the Prevention of Corruption Act. Section 18-A of the Karnataka Land Revenue Act, 1964 reads thus:

"18-A. Appointment of Licensed Surveyors: -

(1) The Director of Survey Settlement and Land Records may, for the purposes of the third proviso to Section 128 and of clause (c) of Section 131, issued with the prior approval of the State Government and subject to such conditions and restrictions and in such manner as may be prescribed, a licence to any person (hereinafter referred to as the "Licensed Surveyor") possessing the prescribed qualifications and experience.

(2) The fee payable to a Licensed Surveyor shall be as may be prescribed"

2(a). Section 18-A is inserted by Amendment Act No. 14 of 1999 with effect from 30th April, 1999. The object of the said amendment is as under:

Amending Act 14 of 1999 - Some more than three lakhs of mutation phody cases are pending for measurement and many cases are pending disposal due to change of survey numbers, variation of extent and other reasons. It is considered necessary to entrust the work of preparing sketch of the properties of private surveyors (who will be called as Licensed Surveyors) who shall possess such qualifications and experience, as may be prescribed by inserting a new section to Karnataka Land Revenue Act, 1964.

It is also proposed, by amending Section 128 and 131 of the said Act, to make it obligatory for any person reporting acquisition of right in a partition in respect of land and any person alienating any land, that is part of a survey or sub-number, to get a sketch of the said property prepared by a Licensed surveyor.

Hence the Bill."

From the above, it is clear that in order to clear the pending phody cases of about 3 lakhs with regard to measurement, survey sketch, change of survey numbers etc., licensed surveyors possessing requisite qualification and experience are appointed. The licensed surveyors are required to perform the statutory duty of preparing survey sketches of the properties for the purposes of effecting the changes in the revenue records maintained for public purposes. Section 18A(1), further makes it clear that licensed surveyors are appointed for the purposes of third proviso to Section 128 and of clause (c) of Section 131 of the Karnataka Land Revenue Act, 1964. Section 18-A(2) mandates that the prescribed fee shall paid to the licensed surveyors."

3. The High Court also took into consideration the provisions of Section 128 and 131 of the Karnataka Land Revenue Act and distilled the legal position in the following manner:

"2(d) Combined reading of Sections 128 and 131 of the Karnataka Land Revenue Act makes it amply clear that statutory duty of preparing survey sketches is assigned to the licensed surveyors. Prior to coming into force of Section 18-A of Karnataka Land Revenue Act (relating to licensed surveyors), the very work of preparing survey sketches was being performed by the surveyors of the survey department appointed by the State Government. The S