[2013] 7 Kar. L.J.

544
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
18 April,2012
Present:

HULUVADI G. RAMESHJ.

CHETAN P. TAYAL AND OTHERS

v.
STATE OF KARNATAKA AND OTHERS
KARNATAKA LAND REFORMS ACT, 1961, Sections 63, 64, 65, 65-A, 66, 66-A and 76 Who has
to determine excess lands than the ceiling? Tahsildar or Tribunal Held, the Tahsildar has
no power or authority to determine the excess holding.

ljl
ib
ra
r

y.

co

Huluvadi G. Ramesh, J., Held: The Tahsildar has no power or authority to determine the
excess holding. He has to verify the particulars mentioned in the declaration filed and
forward the same with connected records to the Land Tribunal. Thereafter, as provided in
clause (b), the Tribunal shall determine the excess holding. . . . . . . In the operative portion of
the impugned order the Tahsildar has exercised this power, which he has no jurisdiction
unless the Tribunal passes an order determining the surplus land. The impugned order is
passed without application of mind and without jurisdiction. Hence, the same is liable to be
quashed. (paras 3 and 4)
Writ Petition Nos. 9994 to 10002 of 2012 (LR-Res).

.k

The Court, passed the following:

ORDER

w
w

The Tahsildar, Srirangapatna, initiated proceedings under Sections 63, 64, 65, 65-A, 66 and
66-A of the Karnataka Land Reforms Act, 1961 on the ground that the family of first
petitioner possess excess lands than the ceiling limit. Consequently, the impugned order at
Annexure-U, dated 29-2-2012 is passed holding that the excess lands belong to Government.
Aggrieved by the same, the petitioners have filed these writ petitions seeking to quash the
impugned order.
2. The main contention urged by the learned Counsel for the petitioners is that the Tahsildar
has no jurisdiction to pass the impugned order and therefore, the same cannot be sustained.
3. Section 67 of the Act provides for surrender of lands. The relevant portions read:
67. Surrender of lands in certain cases.(1)(a) Save as provided in Section 66-A, on
receipt of the declaration under Section 66, the Tahsildar shall.
(i) verify the particulars contained therein as regards the survey number and the extent of the
land;
(ii) determine to which class A, B, C or D, the land belongs; and

(iii) place the declaration and the connected records before the Tribunal.
xxxx
(b) Thereupon and after such enquiry as may be prescribed, the Tribunal shall determine the
extent of the holding and the area by which such extent exceeds the ceiling area.
Page No: 545

From the above, it is clear that the Tahsildar has no power or authority to determine the
excess holding. He has to verify the particulars mentioned in the declaration filed and
forward the same with connected records to the Land Tribunal. Thereafter, as provided in
clause (b), the Tribunal shall determine the excess holding.

co

4. In the instant case, the Tahsildar himself has determined the excess land without referring
to the Tribunal. It is only after the Tribunal determines the surplus land, the Tahsildar gets
jurisdiction to exercise power under Section 76 of the Act. In the operative portion of the
impugned order the Tahsildar has exercised this power, which he has no jurisdiction unless
the Tribunal passes an order determining the surplus land. The impugned order is passed
without application of mind and without jurisdiction. Hence, the same is liable to be quashed.

ljl
ib
ra
r

y.

5. The writ petitions are allowed. The impugned order at Annexure-U is quashed. The
Tahsildar is directed to forward the declarations filed under Section 66 of the Act along with
connected records to the Land Tribunal. The Tribunal shall pass appropriate order after
affording an opportunity to the petitioners.

w
w

.k

6. Any entries made in the revenue records pursuant to the impugned order shall be removed
and original entries shall be restored till order is passed by the Tribunal in accordance with
law.
Page No: 546