By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: In recent cabinet decision of Government of Karnataka have decided to give powers to Thasildar to resolve the Form 50 and 53 application within a year as thousand of such applications are pending since several years.Regularisation of unauthorised occupation of Government Lands:- Any person who is in unauthorized occupation of the Government land at least for 3 years may make an application to the Tahsildar in Form 50/53. The Tahsildar shall enter the particulars of application in a register and place the application after scrutiny before the committee formed for consideration. The committee for the purpose will verify the application and determine the extent to be granted to the applicant and the amount required to be paid by him. A notice in this regard will be published in the chavadi of the concerned village calling for objections by the interested persons within a period of 15 days. After the period of 15 days, the committee will take the decision on the application, either to grant orto reject it. On such recommendation, the Tahsildar, shall issue an order of grant and issue the sagavali chit after collecting the upset price. In such cases, the applicant shall have attained the age of 18 years, he shall be a permanent resident of the taluk or adjacent taluk, and he shall be a bonafide agriculturist and be not prohibited from holding or acquiring land under the provisions ofK.L. Reforms Act 1961. The grantee shall not alienate the land for 15 years, and shall cultivate the land personally and he shall within a period of 6 months plant at least one tree for every 10 guntas of land. Such grant of land shall be liable to be cancelled if it has been obtained by making false or fraudulent representation or is contrary to the rules.The land reserved for the public purpose U/S 71 of the KLR Act 64 and the land classified asDevara Kadu, Gunduthopu, Tankshed, Phut Kharab, Halla Kharab, datereserve and burial grounds shall not be granted under these rules.However, the last date fixed for submitting applications was 30-4-1999 and further extension if any has beordered by Government.
Demand is made to restore the revenue entries as per law after collecting TT Fine. 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. . 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 andMother , 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 THASILDAR is 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 BWSSB office 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