Tahsildar under Section 140(2) Of Karnataka Land Revenue Act Has Power to Determine Boundary of a Survey Number or a Holding
Case: Sunil Chajed v State of Karnataka
Coram: Justice Alok Aradhe and Justice S Vishwajith Shetty
Case No: WA 468/2021
Court Observation: “Section 140(2) of the Act provides that if any dispute arises concerning the boundary of survey number or a sub division of a survey number or a holding, the Tahsildar shall decide the dispute having due regard to the land records. Thus, it is evident that Tahsildar under Section 140(2) of the Act has power to determine the boundary of a survey number or a holding.”
“The learned Single Judge has taken into account Section 112-D of the Karnataka Municipal Corporation Act, which deals with power of Commissioner to survey lands and buildings.”
“From perusal of the aforesaid provision, it is evident that the power has been conferred on the Commissioner to direct survey of buildings or lands within the city with a view to assessment of property tax. The aforesaid provision has no bearing so far as the issue involved in this case is concerned viz., whether Tahsildar has jurisdiction to decide the matter pertaining to fixing the boundary of lands forming survey number.” “The provisions of the Act as well as Karnataka Municipal Corporation Act operate in different fields and in any case, the scope and ambit of the power under Section 140(2) of the Act cannot be determined with reference to Section 112D of the Karnataka Municipal Corporation Act, which even otherwise has no bearing on the issue.”
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Keywords
Karnataka Land Revenue Act, Tahsildar,
