By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Demand is made to restore the revenue entries as per law after collecting TT Fine in respect of application of A. Mumthaz Ahmed Khan S/oLate G.Abdul Aziz Khan in respect of land in S.No 7 Hargondahalli Village Kandhikere HobliChikkanayakanahalli Taluka Ramnahalli PancahayatTumkur District as per section 94A of KLR Act 1964 as this amendment came into force w.e.f 6-7-1994 and , six amendments to the Act have been introduced for the sole purpose of extending the period within which the applications were to be dealt with.In the text of the amendment introduced in 2012 the government noted that 26,000 applications in Form No. 50 and 402,000 applications in Form No. 532 were still lying before the various committees for disposal.
Reportedly Over 300,000 marginal and landless cultivators have been caught in the net of the Karnataka government's recent drive to recover government land that has been "encroached” upon over the last few decades. Known as Bagair Hukum cultivators, i.e., cultivators with no formal and documented ownership rights to the small plots of government land they occupy and continue to till, their livelihood uncertainties have recently doubled. Not only has the State ignored their longstanding demand for legal title to their land, it has also now threatened to evict them from their lands, treating them as encroachers. This article examines the rights of these farmers and their struggle against eviction, and argues that the Bagair Hukum cultivators must be treated as a distinct category of land occupants with traditional rights of use to the land rights that the state must protect.
Reportedly The condition of Bagair Hukum cultivators has been of concern to legislators in the State from at least 1991, when the government amended the Karnataka Land Revenue Act, 1964 to provide for the regularisation of encroached government land under section 94 (A) of the Act (Karnataka Land Revenue Act 1964).According to the amendment, all those who had encroached on government land before April 14, 1990 were eligible to get their land regularised. Such persons were to have submitted an application for regularisation to the local government official by September 1991.The amendment also made clear that land falling within 18 km of Bengaluru city, or within 10 km of the cities of Belagavi, Kalaburagi (Gulbarga), Hubballi-Dharwad, Mangaluru, and Mysuru, and within five km of all City Municipalities with a population of more than 50,000 people would not be considered for regularisation. The amendment also stated that the State Government had no power to regularise forest land. In 1998, another amendment was brought into force. This was Section 94 (B), which allowed for the regularisation of the land of landholders who had occupied land before April 14, 1990 but had failed to submit the documents within the specified period. Indeed, six amendments to the Act have been introduced for the sole purpose of extending the period within which the applications were to be dealt with.In the text of the amendment introduced in 2012 the government noted that 26,000 applications in Form No. 50 and 402,000 applications in Form No. 532 were still lying before the various committees for disposal. The amendment extended the period for three more years. (Gopal, Vikram (2015), "Justice for Bagair Hukum Cultivators in Karnataka," Review of Agrarian Studies, vol. 5, no. 1, available at http://www.ras.org.in/justice_for_bagair_hukum_cultivators_in_karnataka)
I have asked to provide me information and reasons under section 4(I) (a) (b) (c) (d) RTI Act action taken report as per letter of A. Mumthaz Ahmed Khan S/oLate G.Abdul Aziz Khanand delay in issuing saguvali chit and make necessary entries in revenue record in respect of S.No 7 Hargondahalli Village Kandhikere HobliChikkanayakanahalli Taluka Ramnahalli PancahayatTumkur District after taking TT fine from him as pertheir application which is made within time specified in Act and as per section 94A of KLR Act 1964 as this amendment came into force w.e.f 6-7-1994.It is restored Land as per law and rules of 8 Acres and they paid and T.T., Khata was issued in Both names of his Late Father and Mother , in the year 1999. He is ready to pay TT fine , the amount is not collected by your office from him and the saguvali chit has not been issued. As per citations in Karnataka High Court Smt. Gowramma vs Tahasildar on 23 July, 2012WP 9605/2012 and order in WP 1449/2012 dated 18 June 2012 the Thasildar is duty bound to collect TT fine from himand issue saguvali chit and make necessary entries in revenue record. Alternatively under rule 119 as per KLR Rules 1966 as amended and government notificationNo RD 70/ LGP /2002 Dated 28-05-2004 you need to restore the land by collecting the TT Fine once you have issued TT Khatha . Several other persons have been issued Saguvali chit and revenue entries have been made .Similarly he also need to be givensaguvali chit and his name need to be entered inrevenue records ..The THASILDARis THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(I) (a) (b) (c) (d) RTI Act. .This information and reasons need to be provided to me as per Guide on RTIto Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The"Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The BWSSBoffice is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d).
If anybody became defaulter in payment of land revenue, the State exercising its power under the provisions of the Mysore Land Revenue Code, 1888 (hereinafter referred to as the 1888 Code) forfeited the said lands to the Government and there were no bidder, in view of Section 55 of the 1888 Code the Government itself can purchase the land. "It has also been held by this Court in -- 18 Mys CCR 76 (Q)', that neither the Mysore Land Revenue Code nor the rules thereunder contemplate the purchase on behalf of Government land which has been "forfeited" by reason of non-payment of the land revenue; and a mere forfeiture, while it no doubt operates, so far as Government is concerned, as a resumption of the holding, does not, unless it is followed by a sale, necessarily extinguish rights and equities that may be subsisting as between private parties. There an exactly similar contention that the restoration of the khata to the defaulter was equivalent to a new and absolute grant of the land freed from all previously existing rights and equities
Citizens can force every PA to create information every day strictly as per the system and procedure as per listed Acts and rules regulations listed under 4(1) (a) (b) (c) every day and that can be cross cheeked by applicant by asking reasons under 4(1) (d) by the affected person and copy of the same can be given to any applicant under 2( f)of RTI Act .Promote transparency and accountability in the working of every public authority. Policy on Prevention, Detection, and Remediation of Fraud and Corruption by government is must and a major element of good governance is the control of corruption. For that reason, controlling corruption has been a key indicator. Good governance is a keystone of government. UPA government has given you RTI Act: Use It optimally :All opposition parties should use RTI optimally .Let they create booth wise RTI activists among their members or cadets and give them training and set of questions and gather that booth level information to perform better as opposition parties .Prime Minister should listen to opposition parties as they are voice of 66% voters. All responsible citizens should send RTI Question to each MP and each Minister and Prime Minister and get to know every day what they are doing and what they are performing and keep check on their performances and give them clear indication that India is awakened and want responsible Government which listens citizens.. All 70 MLAs and 543 MPs are public servants : After election are over all MLAs are public servants and they are MLA for all the constituency .All MLAs should chalk out their plans for development of their constituencies irrespective of who voted for them or who is not voted for them . THE RIGHT TO INFORMATION ACT, 2005 is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.RTI Act provides transparency under Section 3 and4(1) (a) (b) (c) and 2(f) of RTI Act 2005 and accountability under 4(1) (d) RTI Act 2005 as the PA will create information; or to interpret information; or to solve the problems raised by the applicants under the system and procedure as per listed Acts and rules regulations listed under 4(1) (a) (b) (c) every day and that can be cross cheeked by applicant by asking reasons under 4(1) (d) by the affected person and copy of the same can be given to any applicant under 2( f)of RTI Act . Laws exist, simply put, to ensure the greater good for the greater number of people. This in turn ensures a fairly well organized and safe society. If people were not bound by laws, our society would be full of citizens doing what they most felt like doing (for their own needs and desires.) At the risk of sounding cliche, this would lead to anarchy. I agree that people will always act in their own best interest, and this is not likely to be in the best interest of the many. There are some people who will act according to their own moral code, but even morality varies. For the sake of the greater good and in order to reign in those who act without moral, we have laws.Laws exist because people are selfish and greedy and would steal from and kill each other if they could. That, at least, is how most thinkers see the question.This is the answer given by political philosophers like Locke and Hobbes. They wondered why people live in societies with laws and such. They decided it was because societies without laws were places where people's lives were, in Hobbes' words, "nasty, brutish and short."According to Locke, laws come about because people want their lives, liberties, and property to be protected.