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2000 Supreme(Kar) 476

Karnataka High Court
M.SANTHAMMA - Appellant
Versus
JOINT DIRECTOR OF LAND RECORDS, MYSORE - Respondent
Decided On : 08-01-00
W.A. : 7607 of 1999

Advocates:
A.NAGARAJAPPA, D.C.Jagadish, M.N.Hegde, VAISHALI

The main legal point established in the judgment is the jurisdiction of the Joint Director of Land Records under Section 49(f) of the Karnataka Land Revenue Act, 1964 and the impact of the Karnataka Adaptations of Laws Order, 1973 on the designations of officers for their statutory functioning.

Headnote:

Land Records - Jurisdiction of Joint Director - Karnataka Land Revenue Act, 1964, Section 49(f) - The court discussed the jurisdiction of the Joint Director of Land Records under Section 49(f) of the Karnataka Land Revenue Act, 1964 and the relevant amendments and notifications issued under the provisions of the Act. The court highlighted the statutory provisions regarding appeal and the impact of the Karnataka Adaptations of Laws Order, 1973 on the designations of officers for their statutory functioning.

Fact of the Case:

The dispute involved the purchase of plots by the appellant and the 2nd respondent in Sy. No. 139 of Kadur Town. The 2nd respondent acquired a plot, part of which had been acquired by the Government for formation of a road. Despite this, the 2nd respondent obtained a durasthi for the entire extent of land without notice to the appellant.

Finding of the Court:

The court found that the learned Single Judge had interfered with the order of the Joint Director of Land Records primarily on the ground of lack of jurisdiction, without considering all the material facts. The court also directed the Director of Survey, Settlement and Land Records to place on record all the relevant amendments and notifications issued under the provisions of the Act.

Issues: The issues included the jurisdiction of the Joint Director of Land Records under Section 49(f) of the Karnataka Land Revenue Act, 1964, and whether the learned Single Judge was justified in interfering with the order under Article 226/227 of the Constitution of India.

Ratio Decidendi: The court discussed the statutory provisions regarding appeal under Section 49 of the Act and the impact of the Karnataka Adaptations of Laws Order, 1973 on the designations of officers for their statutory functioning. It emphasized that the exercise in the Adaptations order of 1973 was misconceived and highlighted the subsequent redesignations of posts by the Government.

Final Decision: The court set aside the order of the learned Single Judge and directed the Director of Survey, Settlement and Land Records to place on record all the relevant amendments and notifications issued under the provisions of the Act.

BHARUKA, J.

( 1 ) THIS appeal is directed against the order dated 28. 7. 1999 passed by the learned Single Judge in W. P. No. 33471/97 by which the order dated 4. 11. 1997 (Annexure 'c') passed by the respondent Joint director of Land Records has been quashed resulting in restoration of a pulpably a wrong order passed by the then Assistant superintendent of Land Records.

( 2 ) THE learned Single Judge has interfered with the order of thejoint Director of Land Records primarily on the ground that he had no jurisdiction to entertain the appeal under Section 49 (f) of the karnataka Land Revenue Act, 1964 (in short the 'act' ).

( 3 ) THE dispute relates to purchase of plots by the appellant andthe 2nd respondent in Sy. No. 139 of Kadur Town. The plot purchased by the appellant measures 75' x 40' under a registered sale deed dated 5. 8. 1964. Subsequently, the respondent purchased the contiguous plot measuring 200' x 75', (equivalent to 13 guntas 25 feet) under a registered sale deed dated 3. 2. 1965.

( 4 ) IT appears that pursuant to the aforesaid sale deeds, namesof appellant and contesting respondent were mutated in the respective land records. It is a matter of record that much before purchase of the plot by the 2nd respondent, a part of his plot measuring 8 guntas had been acquired by the Government under notifications dated 28. 8. 1964 and 4. 3. 1965 (Annexure R-5 to the statement of Objections) issued under the provisions of the Land acquisition Act, 1894 for formation of a road. Respondent No. 2 having learnt about the said acquisition, made an application to the assistant Commissioner claiming compensation, which was granted to him. Therefore, out of land measuring 13 guntas 25 feet purchased by the 2nd respondent, he remained in possession only to an extent of 5 guntas 25 feet.

( 5 ) DESPITE the above facts, the 2nd respondent approached thethen Assistant Superintendent of Land Records and possibly in connivance with him got the durasthi made in his favour for the entire extent of land measuring 200'x75'. This was done by the order dated 2. 10. 1976. Admittedly, this order was passed without notice to the appellant.

( 6 ) AT a distant point of time, when the appellant learnt about themischief played by the 2nd respondent, he questioned the order of durasti before the joint Director of Land Records, who by his order dated 4. 11. 1997 (Annexure 'r-7') set aside the said order of the assistant Superintendent with a direction that the Assistant Director of Land Records should complete the Durasti work after issuing notice to all the parties interested in the disputed land and by bearing in mind their possession, boundaries mentioned in the respective sale deeds and the acquisition proceedings, referred to above.

( 7 ) CURIOUSLY, the 2nd respondent, instead of allowing the durastiwork to be carried out as above, questioned the above order of the joint Director by filing Writ Petition by annexing only the operative portion thereof as Annexure 'c'. In the Writ Petition he suppressed all the material facts as noticed above but the same were brought on record by the present appellant through statement of Objections. Nonetheless, the learned Single Judge without adverting to any of the material facts quashed the appellate order (Annexure 'c') just by relying on an earlier judgment of this Court in the case of S. HANUMANTHAPPA KORl vs THE ASSISTANT DIRECTOR OF land RECORDS wherein it has been held that no appeal lies to the Joint Director of Land Records against the order passed by the assistant Director of Land Records.

( 8 ) IN the present case, keeping in view the confusion that hassurfaced regarding the appellate forum available against various officers and authorities of the Survey, Settlement and Land Records, we directed the Director, Department of Survey, Settlement and Land records, to place on record all the relevant amendments and notifications issued under the provisions of the Act which may have bearing on the statutory








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