Karnataka High Court Condemns 'Totally Illegal' Land Record Alterations by Tahsildars
The Karnataka High Court has delivered a strong rebuke against what it termed a "totally illegal" practice involving tahsildars in the state's revenue department. The court specifically addressed the concerning trend where tahsildars immediately change revenue entries—which record land ownership details—right after an assistant commissioner issues an order under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act.
Court's Stern Observations on Premature Actions
Justice R Devdas, presiding over a single-judge bench, expressed grave concern in an order dated January 19. "The recent trend, as noticed by this court, is that immediately after the orders are passed by the assistant commissioner, the revenue entries are changed without even waiting for the appeal period to lapse. This kind of practice is totally illegal and cannot be sustained in the eyes of law," Justice Devdas stated emphatically. The court highlighted that such actions undermine the legal process, particularly when assistant commissioners direct the resumption and restoration of land to original grantees or their legal heirs after necessary inquiries under Section 5 of the Act.
Legal Framework and Appeal Provisions
The Karnataka Scheduled Castes and Scheduled Tribes Act provides a structured legal mechanism for land disputes. Key aspects include:
- Section 5: Empowers assistant commissioners to order the restoration of granted lands to original grantees or heirs after inquiry.
- Section 5A: Allows appeals against assistant commissioner orders to be filed before jurisdictional deputy commissioners within three months.
- Role of Tahsildars: These revenue officers are responsible for maintaining land records and implementing changes, but must adhere to legal timelines.
The court emphasized that tahsildars must wait at least until the appeal period expires before altering revenue entries, ensuring that aggrieved parties have a fair opportunity to challenge decisions.
Directives Issued to Prevent Future Violations
To curb this illegal practice, Justice Devdas issued specific directives to state authorities:
- The principal secretary of the Karnataka revenue department must immediately issue a circular instructing all tahsildars to refrain from premature changes in revenue entries.
- Deputy commissioners must be informed to pass stay orders on assistant commissioner decisions whenever appeals are filed by subsequent purchasers, preventing immediate alterations until final adjudication.
These measures aim to uphold procedural integrity and protect the rights of all parties involved in land disputes.
Case Background and Judicial Relief
The court's ruling came while disposing of a petition filed by Jayalakshmi A S, a subsequent purchaser who challenged a deputy commissioner's order remanding her case back to the assistant commissioner. The original restoration order, issued after a 45-year delay without hearing her, was set aside. The court permitted Jayalakshmi to challenge the subsequent assistant commissioner's order, which was passed after her petition was filed, ensuring her right to legal recourse.
This judgment reinforces the importance of adhering to statutory appeal periods and maintaining transparency in land record management, serving as a precedent for similar cases across Karnataka.
