The production of a 11E sketch is mandatory for the transfer of katha under Section 131 of the Karnataka Land Revenue Act, 1964.

R.DEVDAS J., (ORAL):

Learned High Court Government Pleader is

directed to take notice for both the respondents.

2.

The learned counsel for the petitioner

contends that although the petitioner has obtained a

decree at the hands of the competent civil Court in

O.S.No.189/2022 vide judgment dated 17.08.2022

and made a representation to the 2nd respondent-

Tahsildar, Gudibande Taluk (wrongly mentioned as

Chikkaballapura Taluk), the Tahsildar has orally

informed the petitioner that unless a 11E sketch is

produced, the katha cannot be transferred. Learned

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counsel submits that there are several decisions of

this Court to the effect that it is not mandatory to

produce a 11E sketch.

3. However, learned High Court Government

Pleader draws the attention of this Court to a recent

decision of this Court in the case of Smt. Fathima Bee

and Others Vs. The State of Karnataka and Others in

W.P.No.10647/2022 dated 29.7.2022 and submits

that this Court, even after noticing the said decisions,

which are sought to be relied upon by the learned

counsel for the petitioner, has proceeded to hold in

terms of W.P.No.102325/2022 dated 06.07.2022 at

the Dharwad Bench, as follows:

”However,

on

hearing

the

learned

counsel for petitioner and the learned

HCGP, this Court finds that there is a

purpose

behind

the

insistance

on

production of 11E sketch prepared at the

hands

of

the

license

surveyor,

as

contained in Clause-C of Section 131 of

the

Act,

1964.

It

provides

that

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whenever there is alienation of a part of

agricultural land or there is a division of

a land into different parts entitling

various persons who held the property,

when unless a proper sketch is prepared

at the hands of the license surveyor

depicting the correct division or sub-

division of the lands and the entitlement

of each person, the survey department

will not be in a position to maintain

accurate records. If this mandatory

requirement is not fulfilled, it would give

rise to several litigations in future and

the

survey

department

or

revenue

department will not be in a position to

furnish correct information.

Further,

the

issue

is

not

only

regarding the entry of the name of a

person in the land revenue records or

record of rights. The purpose of the

provision is to enable the maintenance of

proper record in the office of the survey

department/ revenue department. In the

considered opinion of this Court, the

very purpose behind the enactment of

the provision and the wisdom of the

legislature in mandating production of

revenue sketch (popularly known as

‘11E’ sketch) prepared by a license

surveyor wherever there is a division or

sub-division of a land would be defeated

if a direction is issued to the Tahasildar

to enter the names of the person in the

record

of

rights

consequent

to

a

compromise decree drawn before a Civil

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Court. No doubt, the State Government

has clarified in it’s subsequent circular

dated 03.01.2019, 21.10.2019 and the

circular dated 14.11.2016 issued by the

Director of Bhoomi and UPOR, as noticed

by

the

coordinate

benches

in

the

judgment sited herein above, clarifying

that the Sub-Registrar need not insist

upon furnishing the 11E sketch while

registering a document. However, the

same may not be readily acceptable in

the case of the entry in the revenue

records.”

4.

Consequently,

the

writ

petition

stands

disposed of with a direction to the second respondent-

Tahsildar,

Gudibande

Taluk,

to

consider

the

representation dated 19.08.2022 at Annexure-A.

However, the petitioner is required to produce the 11E

sketch as noticed herein above before the second

respondent-Tahsildar, Gudibande Taluk. As and when

the 11E sketch is produced along with the decree

passed by the civil court, the Thasildar shall pass the

necessary orders entering the name of the petitioner

and the private respondents herein in terms of the

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final decree passed by the civil judge and JMFC,

Gudibade, on 17.08.2022 in O.S. No. 189/2022, while

maintaining the 11E sketch for the purposes