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Government Granted Land to Farmers in GMF in 1942 and despite Saguvali Chit still GMF entries continued in RTC

 
 
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Government Granted Land to Farmers in GMF in 1942 and despite Saguvali Chit still GMF entries continued in RTC
by System Administrator - Thursday, 11 December 2014, 10:05 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bangaluru : Revenue Minister Srinivas Prasad has said that the State government has set March 2016 as the deadline for correcting discrepancies which have crept in the 1.61 crore records of Rights, Tenancy and Crops (RTC) in the State. Computerization of the RTCs had not solved the problem and mistakes may have crept in during data entry. "As per the information available with the State government, there are defects in more than 50 per cent of the records,” Mr. Prasad said. Instructions have been issued to set right these defects during Revenue Adalats held in the districts and to reach out to individual houses of farmers.The revenue department did Bhoomi project but still many anomalies are left in computerized RTC.

The grant of the land is subject to the conditions detailed in the Saguvali Chit.The famers is asking in respect ofS No 150 / P8 Hulikunte Village DoddabelvangalaHobliDoddaballapurTaluka10 AcresAgricultural Land reasons from revenue department for not taking the upset price or penal upset price in respect of Grow more Food Programme leasses as per rules despite request of original grant holder had written several letter to collect upset price of Rs 200 per acres as per the government orders vide Sri chikkarudrayya Bin Rudrayyaletter dated 06-10-1958 to sub-divisional officerDoddaballapur Sub- Division Bangalore district .Otherwise Even now government need to collect it with penal upset price as conditions of the original lease grant have been fulfilled, the lease grants have to be confirmed to them.(Circular No. R6-53S2-92--L.R. 41-55-29, dated 7th July 1955 and Saguvali chit allotted to Sri ckkarudrayya Bin Rudrayyaas per Government Circular No. R6-53S2-92--L.R. 41-55-29, dated 7th July 1955). Even in the case of sufficient holders, where the conditions of the original lease grant have been fulfilled, the lease grants have to be confirmed to them.(Circular No. R6-53S2-92--L.R. 41-55-29, dated 7th July 1955). In deserving cases, where the leases have bees, cancelled due to non-fulfillment of the terms of the giaut, the same lands could be re-granted to the same lessees at a penal upset price. This direction would apply also to lessees, who are sufficient holders, subject to the condition that, when such re-grant is in excess of the powers of the officer cancelling the lease, a recommendation for such re-grant may be made.

Even otherwise farmer is entitled a RTC without entry of GMF in RTC as Saguvali chit was given toSri ckkarudrayya Bin Rudrayyaand certified copies and originals are available with thasildar office insaguvali register AND Darkhsat register in respect ofS No 150 / P8 Hulikunte Village DoddabelvangalaHobliDoddaballapurTaluka10 AcresAgricultural Landwhich was earlier allotted under GMF Programme. The RTC stands in the nameof Saguvali chit holder Sri ckkarudrayya BIN Rudrayya and subsequently to his sons and legal heirs .Request is made by farmersto delete the GMF entry as it is no longer applicable in view of grant under darkhast and Saguvali chit issued as per rules and RTC is confirmed. Saguvali Chit:The Saguvali Chit is also called the certificate of grant. This is issued on Form No VII in case of grant of government land to eligible persons for cultivation. This establishes the title of the person named in the Saguvali Chit to the land granted. A sketch of the land granted will be annexed to the Saguvali Chit. Landowner needs to have office orders, land granting file,original saguvali chit, office memorandum (official order confirming grant) Tahsildars office maintains darkhast register, in which every detail of land grant and beneficiary is recorded When documents submitted by landowner don't match the records maintained by the government on that particular land,it becomes illegal.

Whereas the grants were made under the Mysore Land Revenue Rules which came into force on 6-7-1955, the Saguvali Chits were issued in respect of the grant made relating to the lands under the Mysore Land Revenue (Amendment) Rules, 1960 In so far as the Saguvaii Chits issued under the 1960 Rules are concerned, there was a prohibition on alienation for a period of 15 years irrespective of the question whether the grant was made at an upset price or free of cost. But the 1960 Rules carne into force with effect from 3-5-1960. The plain meaning apparent from the Rule is that where the grant is free of cost, the land shall not be alienated for a period of fifteen years commencing from the date of the grant; but if it is a grant at an upset price, then it shall not be alienated for a period of ten years commencing from the date of the grant. The Rule is not obviously capable of the meaning that the date of commencement of the prohibition is on the date of taking possession of the land by the grantee. This is obviously so because the expression 'possession' or taking possession has not been employed in this Rule at all. The Rule has to be read in the form in which it exists and nothing extraneous could be imported into it nor anything taken away from the Rule. For the first time the word 'possession' is used in the Land Grant Rules only in 1969 Amendment Rules. Another important aspect which requires to be noticed in these cases is that all these grantees were invested with possession anterior to the grand of lands made earlier by lease of lands to the grantees prior to 06-10-1958 under the "Grow More Food Scheme".

The land in question was granted under grow more food scheme toSri chikkarudrayya bin Rudrayya by the Government in the year 1942. The grant certificate or saguvali chit was issued prior to 06-10-1958in the name of chikkarudrayya bin Rudrayya. As the period of hangami saguvali in terms of the grant was over, the ownership rights over the land had to be vested in the name of chikkarudrayya bin Rudrayya. But the revenue records were not changed and the entries were continued reflecting hangami saguvali as per the grow more food scheme. The framers are requesting to delete the expression 'hangami saguvali' and GMF entry in RTC and in the revenue records.