High Court of Karnataka Directs Correction of Survey Records in Land Conversion Case — Petitioner's Land Position Restored to Original as per 1981 Records. The court appreciated the intervention of the Additional Advocate General in facilitating the correction of survey records erroneously altered in 1999.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioner, Sri N Gangadhara, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to consider his request for grant of conversion for 24 guntas of cultivable land and 17 guntas of 'A' kharab land in Survey No.62/1-C of Devasandra Village, K.R.Puram Hobli, Bangalore East Taluk. During the hearing on 23.4.2019, the court directed the Joint Director of Land Records, Smt. Kusumalatha P.S., to carry out correction in the survey record of the said land. On the next date, she informed the court that she had carried out the correction in the Tippani book, Akarband, and Pakka book of Sy.No.62/1C, rectifying a mistake made by some officers of the Survey Department in 1999. The error involved showing the land as moved from its original position to its right and placed on kalmaratti kharab portion, whereas the original position as per the survey records of 14.03.1981 was different. The court placed on record its appreciation for the interest shown by the learned Additional Advocate General, Sri Dinesh Rao, without whose intervention the correction would not have been possible. The court disposed of the writ petition with the observation that the correction had been carried out.

Headnote

A) Land Law - Survey Records Correction - Error in Survey Records - Karnataka Land Revenue Act, 1964 - The court directed the Joint Director of Land Records to correct the survey records of land bearing Sy.No.62/1C of Devasandra Village, which had been erroneously altered in 1999, to reflect the original position as per the records of 14.03.1981. The court appreciated the intervention of the Additional Advocate General in facilitating the correction. (Paras 1-2)

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Issue of Consideration

Whether the survey records of the petitioner's land were erroneously altered in 1999 and whether the court can direct correction of such records to reflect the original position as per 1981 records.

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Final Decision

The court disposed of the writ petition recording that the Joint Director of Land Records had carried out the correction in the survey records of Sy.No.62/1C of Devasandra Village, rectifying the mistake made in 1999, and restoring the position as per the records of 14.03.1981.

Law Points

  • Correction of survey records
  • Land conversion
  • Writ jurisdiction under Articles 226 and 227 of the Constitution of India
  • Karnataka Land Revenue Act
  • 1964
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Case Details

2019 LawText (KAR) (04) 38

Writ Petition No.1386 of 2019 (KLR-CON)

2019-04-26

S.N.Satyanarayana

Sri Nagaiah (for petitioner), Sri Dinesh Rao, Additional Advocate General with Sri Venkatesh Dodderi, AGA (for respondents)

Sri N Gangadhara

The Deputy Commissioner, Bengaluru Urban District; The Joint Director of Land Records; The Tahasildar, Bengaluru East Taluk

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Nature of Litigation

Writ petition seeking direction to consider request for grant of conversion of land and correction of survey records.

Remedy Sought

Direction to respondents to consider petitioner's request for grant of conversion for 24 guntas of cultivable land and 17 guntas of 'A' kharab land in Survey No.62/1-C of Devasandra Village, K.R.Puram Hobli, Bangalore East Taluk.

Filing Reason

The survey records of the petitioner's land were erroneously altered in 1999, showing the land moved from its original position as per 1981 records.

Previous Decisions

On 23.4.2019, the court directed the Joint Director of Land Records to carry out correction in the survey record.

Issues

Whether the survey records of the petitioner's land were erroneously altered in 1999. Whether the court can direct correction of survey records to reflect the original position as per 1981 records.

Submissions/Arguments

Petitioner argued that the survey records were wrongly altered in 1999, affecting his land conversion request. Respondents, through the Additional Advocate General, facilitated the correction of the records.

Ratio Decidendi

The court can direct correction of survey records when there is an error made by the survey department, and such correction can be carried out by the concerned officer to reflect the original position.

Judgment Excerpts

This Court would place on record its appreciation for the interest shown by learned Addl. Advocate General Sri Dinesh Rao, without his intervention the aforesaid correction would definitely not have been possible.

Procedural History

The writ petition was filed on an unspecified date. On 23.4.2019, the court directed the Joint Director of Land Records to carry out correction. On 26.4.2019, the court recorded the correction and disposed of the petition.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Karnataka Land Revenue Act, 1964:
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