M. RAMAKRISHNAPPA S/O LATE M. MUNIYAPPA Vs. THE DEPUTY DIRECTOR OF LAND RECORDS, BANGALORE DIVISION AND THE JOINT DIRECTOR OF LAND RECORDS, BANGALORE DIVISION

JUDGEMENT

(1.) THE short question that arises for the consideration of this Court in this writ petition is whether suo motu powers vested under Section 56 of the Karnataka Land Revenue Act can be exercised by an authority beyond the period of three years.

(2.) PETITIONER is the owner of Sy. No. 67 of Herohalli village, Yeshwanthapura Hobli, Bangalore North Taluk. It is re -numbered as Sy. No. 181 after durast. According to the petitioner, it is measuring 9 -20 acres out of which 22 guntas is kharab. Durast was made as per Annexure -A on 8.1.1986. Land was surveyed on 21.9.1971 and it was assigned as new No. 181. Durast has been acted upon and the petitioner has been enjoying the same as per Annexure -B. Suddenly, petitioner has received a notice as per Annexure -C dated 22.11.2004 calling upon the petitioner to appear before the Joint Director of Survey Settlement, Bangalore, contending that the suo motu proceedings are initiated considering the records of Durast and assigning new No. 181 to Sy. No. 67 and to find out the difference of measurement. This notice is called in question by the petitioner contending that R -2 has no power to initiate proceedings suo motu by invoking Section 56 of the Karnataka Land Revenue Act.

(3.) ACCORDING to the counsel for the petitioner, in view of proviso to Sub -section (3) of Section 56 of the Karnataka Land Revenue Act, suo motu powers can be exercised either by the revenue officer or by a survey officer referred to under Sub -section (1) of Section 56 of the Act within three years from the date of the order sought to be revised. According to the petitioner, durast and Pakka Podi work was completed on 20.7.1985, 19 years after R -2 would not get any right to initiate suo motu proceedings.