Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Kan lands (paired with soppina betta) in Mysore Area are privileged, non-owned forest lands linked to wet cultivation, preserved under S.79(2) Karnataka/Mysore Land Revenue Act and revenue manuals; privileges (not title) persist via notifications (e.g., 29-11-1971), akin to bane/betta; revenue records reflect no ownership, emphasizing govt. vesting. No sources specify manned variant—likely refers to occupied/privileged Kan per manuals. ["1978 0 Supreme(Kar) 253"] ["1997 0 Supreme(Kar) 703"] ["1993 0 Supreme(Kar) 227"] ["1999 0 Supreme(Kar) 399"] ["1971 0 Supreme(Kar) 225"]
Land revenue systems in India, particularly in regions like Karnataka (formerly Mysore), are steeped in historical customs and statutory protections. One intriguing query that often arises among landowners, legal practitioners, and researchers is: What are Manned Kan lands as per the Mysore Revenue Manual? This question touches on that blend colonial-era practices with modern revenue laws. While direct answers may be elusive, examining related provisions offers valuable insights into these categories.
In this post, we delve into the legal framework, highlight the absence of explicit definitions, and explore connected concepts like Kane, Bane, and Kumki lands. Drawing from Karnataka Land Revenue Act provisions and revenue manuals, we provide a comprehensive overview—remember, this is general information and not specific legal advice. Consult a qualified lawyer for your situation.
Karnataka's land revenue laws, evolving from Mysore codes, preserve certain customary privileges. (formerly ), is pivotal. It states: notwithstanding anything contained in sub-sec. (1), but subject to such general or special orders that may be issued by the from time to time, the privileges that are being enjoyed either by custom or under any order such as privileges in respect of kumki lands, Bane lands and Kane lands in South Kanara District... shall continue. 2003 0 Supreme(Kar) 565
This section ensures continuity of privileges post-repeal of earlier enactments, applicable to South Kanara District (now parts of Dakshina Kannada and Udupi). These lands—Kumki, Bane, and Kane—are grouped as special categories where rights persist under government oversight. 1978 0 Supreme(Kar) 253 2003 0 Supreme(Kar) 565
A thorough review reveals no direct reference to Manned Kan lands in the provided Mysore Revenue Manual excerpts or related documents. The term may be a variant, misspelling, or local nomenclature linked to Kane lands, but no explicit definition, characteristics, or legal status is outlined. Without authoritative documentation, Manned Kan lands cannot be precisely analyzed.
This gap underscores the challenge in historical revenue records, where terms evolve regionally. For context, the Mysore Revenue Manual discusses other classifications like '' (unfit lands) or private tanks, but nothing aligns directly with Manned Kan. 2023 0 Supreme(Kar) 118
Kane lands are mentioned alongside Bane and Kumki as privileged in South Kanara. These privileges typically support agricultural or domestic use, not conferring full ownership. They remain subject to government directions, emphasizing limited, personal rights. 1978 0 Supreme(Kar) 253
Bane lands provide a clearer picture, often defined in revenue manuals like the (1910 and 1954). The term 'bane' has been defined as forest land granted for the service of the holding of wet land... to be held free of revenue by the cultivator for grazing, and to supply leaf manure, firewood, and timber... so long as he continues in possession of the wet land. 1971 0 Supreme(Kar) 225 2019 0 Supreme(SC) 970
Key features:- Assigned free of revenue to owners of adjacent private wet lands.- Rights include collecting firewood, green leaves, manure, timber, and cattle grazing. 2019 0 Supreme(SC) 970- No ownership vests in cultivators: There is no ownership of these bane lands vested in the cultivators... they enjoy only certain privileges over the bane lands... they are really forest lands. 1978 0 Supreme(Kar) 253
'' refers to lands originally granted as Bane but assessed after separation from wet holdings. 1971 0 Supreme(Kar) 225
Kumki lands, similarly privileged, support wet cultivation through forest adjunct rights. , concedes state tree rights to occupants in surveyed villages (unless reserved), but excludes privileged tenures like Bane. 1974 0 Supreme(SC) 189
Other sources reinforce this: Bane lands are for beneficial enjoyment of the private wet lands. In partition disputes, claimants must prove wet land possession to claim Bane shares—mere revenue entries insufficient without evidence. 2019 0 Supreme(SC) 970
The Mysore Revenue Manual and related codes (e.g., 1888 Land Revenue Code) govern grants and privileges. prescribes public auctions for land sales, with delegates limited to conferred powers—no excess conditions. 2025 0 Supreme(Kar) 934 1998 0 Supreme(Kar) 169
In grants to Scheduled Castes/Tribes under (), alienation is restricted for 15 years if granted below market value. Violations render transfers void under . These are social welfare measures, binding on grantees. 2005 5 Supreme 148
Revenue records alone do not confer title against statutory notifications, e.g., Reserve Forest declarations override entries. 2024 0 Supreme(Kar) 474 Phut Pahani or tank records indicate use, not ownership. 2010 0 Supreme(SC) 191
Free site grants under prohibit alienation perpetually unless specified otherwise. 1997 0 Supreme(Kar) 709
Privileges come with strings:- Personal and Non-Transferable: Tied to wet land cultivation; alienation needs permission and (e.g., 20% market value). 1971 0 Supreme(Kar) 225- Government Control: Subject to Section 79(2) orders; disputes resolved statutorily. 2003 0 Supreme(Kar) 565- Post-1964 Continuity: Prior rules persist unless superseded. 1974 0 Supreme(SC) 189- No Absolute Ownership: Lands remain government property, with resumption powers for breaches. 2025 0 Supreme(Kar) 934
If dealing with potential Manned Kan lands:1. Review original Mysore Revenue Manual or Karnataka records.2. If akin to Kane lands, assert privileges under Section 79(2).3. Seek government orders for alienation or disputes.4. Verify revenue entries against forest/privilege notifications.
Professional surveyors or revenue officers can classify lands (e.g., phot kharab for non-agricultural use incidental to farming). 2023 0 Supreme(Kar) 118
This analysis highlights the nuanced interplay of custom and law in Karnataka land revenue. For personalized guidance, engage a local expert familiar with regional manuals.
Disclaimer: This post provides general insights based on available documents and is not legal advice. Laws evolve; verify with current statutes.
#MannedKanLands, #MysoreRevenueManual, #KarnatakaLandLaw
in respect of kumki lands, Bane lands and Kane lands in South Kanara District betta lands and Hadi lands in North Kanara District, Kan and soppina Betta lands in Mysore Area, Jamma and Bane in Coorg district and motasthat wet land in Hyderabad Area shall continue. ... They are not the lands vested in the owner of ,the wet land. They are in fact, forest lands. The privileges continue by virtue of S. 79 (2) of the Ka....
In Volume I of the Mysore Revenue Manual the word kharab is explained in that way. The expression ‘phut kharab’ is similar to the expression ‘pot kharab’. ... The appellants relied on paras 236(b) and 376 of the Mysore Revenue Manual in support of their contention that private tanks existed in the State of Mysore and that the State Government recognized the natural right of private individuals to construct and own tanks. ... We may refer to the provisions of the #HL_S....
For purposes of levy of land revenue under S. 48 of the Code, lands were calssified on the basis of the availability or supply of water to, the lands concerned, as set out in para 185 of the Mysore Land Revenue Manual published in the year 1921. ... The argument urged on behalf of the petitioners cannot be accepted in view of section 53 of the Code, and the revised survey guarantee which is to be found in para 193 of the Mysore Revenue Manu....
Rule 43 of the Mysore Land Revenue Rules framed under Section 233 of the MYSORE LAND REVENUE CODE, 1888, would prescribe that all lands shall ordinarily be sold by public auction after observing the prescribed formalities. ... The Rules framed under the MYSORE LAND REVENUE CODE, 1888 particularly, Rule 42 would confer powers on different Revenue Officers in respect of grant of the lands of the State. ... , would have been made under....
Through out, the lands stood in the name of Sri.Mayaga in the revenue records and these entries could not have been upset by the revenue authorities with no reason or rhyme. ... When the lands were included in reserve forest, the entries in the revenue records were of non consequence and further, mere saguvali chits did not confer any title on the suit lands. ... 6) Whether the defendant No.5 proves that suit land belongs to Forest Department as per revenue....
, Bane lands and Kane lands in South kanara District, Betta lands and Hadi lands in North Kanara district, Kan and Soppina Betta lands in Mysore Area, Jamma and Bane in Coorg District and Motashal wet lands in Hyderabad area shall continue". ... NOTIFICATION in exercise of the powers conferred by sub-section (1) of Section 195 of the Mysore Land Revenue Act, 1964 (Mysore Act 12 of 1964), the Gover....
from time to time, the privileges that are being enjoyed either by custom or under any order such as privileges in respect of Kumki lands, Bane lands and Kane lands in South Kanara District, Betta lands and Hadi lands in North Kanara District, Kan and Soppina Betta lands in Mysore Area, Jamma and Bane ... In the said decision, the learned single Judge has observed as under:"bane lands are forest lands and only cert....
ASHA, J, kan 10.01.2025 ... All the revenue records, including patta stands in the name of the petitioner. The petitioner has also been issued with a computerized Patta No.8011, for the property. 3. ... The petitioner would submit that the Government of Tamil Nadu declared the adjacent lands as a Reserve Forest vide G.O.Ms.No.52 dated 09.04.2007. Based on the said GO, it is clear that the petitioner's property is not connected with the Reserve Forest Land. ... 10.01.2025 Index : Yes/No Internet : Yes/No kan To 1.The T....
Further, all the other revenue records including the manual patta describes the petitioner as the patta holder. It is only the computer patta which reads otherwise. 8. In the light of the above, the impugned order dated 18.10.2023 is set aside. ... 04.11.2024 Index : Yes/No Internet : Yes/No kan To 1.The District Collector, Collectorate, Salem – 636 001, Salem District. 2.The Revenue Tahsildar, Thalaivasal Taluk, Thalaivasal, Salem District. P.T. ... ASHA, J, kan W.P.No. 17835 of 2024 04.11.2024 ... ....
, Bane lands and Kane lands in South Kanara District, Betta lands and Hadi lands in North kanara District, Kan and Soppina Betta lands in Mysore Area, jamma and Bane in Coorg District and Motashal Wet lands in gulbarga area shall continue. ... The notification dated 29. 11. 1971 which has been issued getting the assent of the President of India, reads:"in exercise of the powers conferred by sub-section (1) of section 195 of the Mysore#HL_EN....
They are assigned to owners of such private lands, free of revenue, for the beneficial enjoyment of the private wet lands by grant of rights to collect fire wood, green leaves, manure, timber and use the same for grazing of cattle. “Bane” lands are defined in the Coorg Revenue Manual, 1954 (Appendix III) as lands adjacent to private lands. 7. We have considered the submissions on behalf of the parties and have also been taken through the relevant pleadings and evidence.
We may refer to the provisions of the Mysore Revenue Manual relied on by the appellants. Section IV thereof related to "Private enterprise tanks". Para 236(b) stated that there were about 318 private enterprise tanks in the State. The appellants contended that when the records maintained by the Government in the usual course of business, showed a particular tank as 'private', it was a clear admission that the tank was not a government tank but was privately owned. The Phut Pahani did not relate to nor provide proof of ownership of any land. Phut Pahani is describe....
These lands were granted to them during the period 1959-65. Initially, these lands were given to them on temporary lease and later by virtue of Rule 43-J of Rules of 1960, these lands were given to them permanently with a restriction that the grantees shall not alienate these lands to third parties for a period of 15 years. 2. Under the Mysore Land Revenue (Amendment Rules), 1960 [hereinafter being referred to as “Rules of 1960”], certain lands were granted to members of Scheduled Castes and Scheduled Tribes.
( 2 ) THE brief facts are that certain lands were granted to different persons on the ground that they are cultivating Government lands as lessees on temporary lease, by virtue of Rule 43 (J) of the Mysore (now Karnataka) Land Revenue Rules of 1960. After the grant of permanent Saguvali Chits, they alienated the lands to third parties.
The occupancy of building sites shall ordinarily be sold by auction to the highest bidder whenever the deputy commissioner shall be of opinion that there is a demand for such sites: but the deputy commissioner may, in his discretion, dispose of the occupancy of such sites by private arrangement, either upon the payment of a price fixed by him or without charge as he shall deem fit. Rule 47 of the Mysore land revenue rules, reads as under: "47. The sites given free shall not be alienated by the grantees to any other person". Rule 47 as it existed in the book or introduced as....
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