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DARKASTH RULES UNDER LAND REVENUE CODE 1888 UPTO APRIL 1956

CHAPTER VI.
FORFEITURE OF OCCUPANCIES AND DISPOSAL THEREOF.
[SECTION 54.]

35. Except as provided in the next following Rule, the holding on which an arrear is due shall be declared for¬feited and proceeded against in the first instance unless the defaulter surrenders his personal property and desires it to be first sold or enters into some other arrangement by which the ready recovery of the arrear is insured.

If the holding in respect of which the arrear is due consists of two or more survey numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner shall be of opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said numbers, or portions of estates. Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding, the previous sanction of Government shall be obtained in each case.

When a holding which has been forfeited for default in payment of the land revenue due thereupon is not sold, or when the sale proceeds thereof are not sufficient to meet the arrear, the arrear or the balance of arrear payable by the defaulter shall qrdinarily be remitted without having recourse to further compulsory process. But it is not intended that in all such cases the right of recover¬ing arrears or balance of arrears from defaulters by other means should be altogether relinquished. In special cases, the Deputy Commissioner may enforce that right.

36. Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commis¬sioner shall proceed to realize the demand against the holders by the attachment and sale of their personal and other nioveable property. In the case of unenfranchised inams on whicn arrears may be due, the Deputy Commis¬sioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immoveable property, obtain the sanction of Government to the inams being declared forfeited and resumed.

37. In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 159, such forfeiture will not operate so as to extinguish the tenure on which the alienation was made by forfeiture, by Government and the property shall be sold as alienated property, and conveyed as such to the purchaser. Provid¬ed, however, that if at such auction the property is bought in by Government, the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.

38. It shall be in the discretion of the Deputy Commissioner to restore any forfeited occupancy or alienated occupancy or holding at any time on payment of the arrear in respect of which the forfeiture was incurred together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all the said arrear, land revenue, costs and charges within a reasoanable period.

* Amildars and Deputy Amildars may order restora¬tion of khates of lands resumed to Government for want of bidders in all cases in which they have power to resume them, on payment of the arrears together with * the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and * all costs and charges lawfully due by the defaulter.

# 39. Every sale of a forfeited holding as such shall be Sale of made subject to the same rules and orders as are applicable to the sale of unoccupied unalienated lands, so far as they are consistent with the provisions of Chapter XI of the Land Revenue Code.

The form of proclamation of sale under this Rule shall be as in Form (3) of Appendix B.

* (Added and amended as per Notification No. R. 4582— L.R. 855-87-5, dated the 2nd— 14th April 1938) and R. 71-83— L.R. 144-40, dated 18th October 1940.
*Rule 38 amended as per Notification No. R. 10— 9253— R. M. 8-55-13, dated 3rd September 1955.
#Amended by G.O. No. R. 1054-63— L.R. 369-4, dated 23rd August 1904.

* 40. "With a view to protect the interests of co-occu¬pants and other persons interested in the continuance of the occupancy or alienated holding as provided for in Section 77, Deputy Commissioners shall give them notice before declaring the occupancy or alienated holding for¬feited, provided they register their names and their interest in a register to be opened in the Taluk Cutchery for the purpose and pay on every application for such registry, a fee of one rupee in the shape of Court Fee Stamps of that value to be affixed to the -application. This proviso shallj not apply to co-occupants who may have their names am shares entered in the records under Rule 75.

The registry thus made shall not give a right to the parties concerned to receive notices under this rule fo; more than five official years beginning with the year o: registry unless a fresh application is made before the expiry of the period and the entry in the Register renewed. No fee will, however, be charged on applications for such renewal.

No fee will be charged on applications made by Co¬operative Societies for entering their names in the Register referred to above:

#Provided that in taluks where a Notification under Section 4 (2) of the Record of Rights Act has issued, the notice contemplated in para 1 shall be issued to all persons whose rights (not being merely rights of easement) have been registered in the Record of Rights, without charging any fee.

* Amended by Notification No. R. 11621—L.R. 523-05-1, dated 7th March 1905.
#Notification No. R. 5324—L.S. 68-83-S, dated 11th April 1984.

CHAPTER VII.

GRANT OF OCCUPANCIES.
[Sections 58, 60 and 233 (h) and (n).]
*41. (a) When unoccupied land is required, a written written application shall be made in person or by duly constituted agent or by post to the Amildar direct provided that, in an intending the last mentioned case, the applicant's full name and address are legibly written and his signature is attested to by the village Shanbhog or a taluk official not inferior in rank to a Revenue Inspector or a Magistrate certifying to the identity of the applicant. Applications may be pre¬sented in person to Revenue Inspectors also. In either case, i.e., when the application is received by the Amildar and sent on to the Revenue Inspector or when it is received by the Revenue Inspector himself, he shall submit to the Amildar a report in Form No. 1 of Appendix D within a week from the date of its receipt by him.

(b) All applications shall be registered in the order in which they are received in a Register which should be maintained in the Taluk Office in Form No. 2 of Appendix D. All correspondence connected with the darkhast shall be noted regularly in the Register which should be always available for inspection by superior officers.


*42. It shall be the duty of every Village Accountant, if so desired by any occupant in. his village or by any person about to become an occupant of land in his village, to prepare applications for land without fee or charge of any kind.
A Village Accountant who prepares such an applica¬tion shall affix his signature beneath the words " written by " on the lower left hand corner of such application.
The Village Officers shall not accept any engagements for lands or make any alteration in the village accounts without the written orders of the Amildar.

*Amended by Notification No. R. 12540—L.R. 384-19-5, dated 30th April 1920 and G.O. No. R. 968-77—L.R. 619-12-2, dated 28th July 1913.


43. *(1) (a) Lands under the control of the Revenue Department specified in clause (e) shall be granted at an upset price to an individual who
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land; and
(iv) under clause (b) is eligible for the grant to the extent to which he is eligible.
(b) (i) An individual who does not own any land, shall be eligible to the extent of four acres wet or garden land or ten acres of dry land ; and
(ii) an individual who owns less than four acres of wet or garden land or ten acres of dry land shall be eligible to the grant of such extent of land as would make up, together with the land already owned by him, four acres of wet or garden land j or ten acres of dry land.

Explanation : —In this rule,

(i) two acres of wet or garden land shall be deemed to be equivalent to five acres of dry land and vice versa and the equivalent of a lesser area shall be determined in the same proportion ;
(ii) Any extent of rain fed land in the Malnad Taluks specified in rule 87 shall be deemed to be equivalent to the same extent of dry land in other taluks and vice versa.
(c) The powers of the different revenue authorities as regards the grant of land shall be as follows and any grant made in contravention of this clause shall be invalid :
(i) The Amildar may grant not exceeding four acres of dry land or two acres of rain fed wet land, provided the market value of such land does not exceed three hundred rupees ;
(ii) The Sub-Division Officer may grant not exceeding seven acres of dry or five acres of rain-fed wet land or two acres of irrigated wet land or garden land, provided the market value of such land does not exceed seven hundred and fifty rupees ; (*Notification No. R. 5536-46—L, R. 266-55-8, dated 6th July 1955 and E 6— 16328—L. E. 133-54-14, dated 13—18th January 1956.)

(iii) the Deputy Commissioner may grant land not exceeding ten acres of dry land or ten acres rain-fed wet land or four acres of irrigated wet land or garden land provided the market value of such land does not exceed one thousand and five hundred rupees ; where the market value of such land exceeds one thousand and five hundred rupees but does not exceed three thousand rupees, the Deputy Commissioner may grant the land with the previous sanction of the Revenue Commis¬sioner.

(d) In the case of grant of land to persons who are poor belonging to the Scheduled castes and the Scheduled tribes, out of the upset price payable, two hundred rupees may be waived, the balance if any, being payable in
annual instalments not exceeding three.

(e) The provisions of this sub-rule shall be applicable to the grant of the following classes of land, namely,
(i) Released date groves ;
(ii) Released forest lands ;
(iii) Released Amrit Mahal Kavals;
(iv) Excess Gomal lands ;
(v) Assessed waste lands; and
(vi) Hulbanni kharab.

1A (a) Notwithstanding anything contained in sub-rule (1) any person holding land may be granted, for an. upset price, land nearby to the land so held, if such nearby land, is, in the opinion of the authority granting the land required for the better enjoyment of the land so held or for building a farm house or for any agricultural purpose:

Provided that no' grant under this sub-rule shall be made to any person more than once.

(b) The Deputy Commissioner may grant under clause («) up to twenty guntas of wet land or one acre of dry land, provided the market value of such land does not one thousand and five hundred rupees. The Deputy commissioner may, with the previous sanction of the Revenue Commissioner, also grant up to one acre of wet or two acres of dry land, provided the market value of such land does not exceed three thousand rupees.


(2) The " upset price " shall not be arbitrarily fixed but shall represent the actual market value of the land as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary, of the registration statistics relating to them.

(3) The Amildar should invariably obtain the orders of his superior officers in regard to the disposal of lands irrigated or likely to be irrigated by large irrigation pro¬jects. The Department of Public Works should, as soon as possible, after any project is taken up for investigation or consideration notify to the Revenue Department either generally or specially, the lands which will be affected by the project.

(4) In all cases of grant of occupancies whether for a price or not, a sum equivalent to the cost of the boundary marks which have been or may have to be constructed on the land shall be invariably collected from the grantees in accordance with instructions issued by Government from time to time. The Deputy Commissioner may waive this charge in cases of extreme poverty of the applicants.

(8) (a) Every grant of land under sub-rule (1) shall be subject to the condition

(i) Where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) Where the grant is made for an upset price or for reduced upset price, the land granted shall not be alienated for a period of ten years from the date of the grant:

Provided that nothing in this sub-rule shall apply to

(i) the alienation of any land in favour of the Govern¬ment or a co-operative society as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the culti¬vation of the land ; or

(ii) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened the land granted may be summarily resumed by the Government and such land shall vest in the Government free from all encumbrances and neither the grantee nor the alienee, if any, shall be entitled to any compensation.


(9) Lands containing ten or more sandal trees of over 12 inches in girth per acre should be reserved to Government or disposed of only in consultation with the Forest Department.

(10) Lands containing smaller number of such developed trees may be granted for cultivation under the orders of the Deputy Commissioner, who before passing orders should get a complete list of both trees and plants of sandal in the land and consider the desirability or other¬wise of granting the said land keeping in view the intention of Government to reserve all lands containing thick sandal growth.

(11) In special cases, where the land is very valuable or where there is no demand for land from persons eligible for the grant of lands under sub-rule (1), the Deputy Commissioner may, with the previous sanction of the Revenue Commissioner, sell such land by public auction.

(12) Notwithstanding anything contained in the pre¬ceding sub-rules, and subject to the provisions of sub-rule (10), no person shall be granted land exceeding the area to which he is eligible under sub-rule (1), either free or at an upset price or at a reduced upset price, except with the previous sanction of Government.

(13) Where the unoccupied Government land available for being granted for cultivation exceeds twenty-five acres in any village, not less than twenty percent of such land shall be reserved for being granted to persons belonging to the Scheduled castes and the Scheduled Tribes.

(14) In the case of educational institutions approved by the Director of Public Instruction, the Deputy Com¬missioner, may grant lands whether dry or wet, not exceeding ten acres, the market value of which does not exceed one thousand rupees. The Deputy Commissioner, with the previous sanction of the Revenue Commissioner, may grant lands exceeding ten acres but not exceeding twenty-five acres, the market value of which exceeds one thousand rupees but does not exceed two thousand five. hundred rupees. No land exceeding twenty-five hundred rupees shall be granted to any educational insti¬tution without the previous sanction of Government. The grant of land made under this sub-rule shall be subject to the .condition that the land granted shall not be alie¬nated by the grantee and shall be liable to resumption when the recognition to the educational institution is withdrawn by the Director of Public Instruction or when it is put to use for a purpose other than that for which it is granted. The grantee shall execute a bond to abide by the conditions of the grant.

43-A. (1) Where any land has been leased under the " Grow More Food " Scheme to persons belonging to the schedule caste and scheduled tribes, who are poor and the lessee is under the scheme entitled to confirmation of the land on payment of the upset price, the said land may, if an application is made by the lessee in accordance with sub-rule (2), be granted to him by the Deputy commissioner subject to the provisions of sub-rule (3) waiving two-hundred rupees out of the upset price, the balance being payable in annual instalments not exceeding three.

(2) A lessee referred to in sub-rule (1) may apply to the.Deputy Commissioner requesting that the land leased to him may be granted to him arid agreeing to surrender the -lease and to pay the amount payable under sub-rule (1) in the manner indicated therein and to hold the land subject to the conditions specified in sub-rule

(3) (a) Every grant of land under sub-rule (1) shall be subject to the conditions:
(i) where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or
(ii) where the grant is made for an upset price, that the land granted shall not be alienated for a period of ten years from the date of the grant; or
(iii.) Provided that nothing in this sub-rule shall apply to : —
(A) the alienation of any land in favour of the State Government or a Co operative Society, as security for loans obtained for improvement of the land or for buying cattle or agricultural implements for the cultivation of the land ; or
(B) the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened, the land granted may be summarily resumed by the State Government, and such land shall vest in the State Government, free from all encum¬brances, and neither the grantee nor the alienee, if any, shall be entitled to any compensation,

*43-B. (1) Lands under the control of the Revenue Department specified in clause (e) of Rule 43 may also be granted free of cost to a political sufferer who:
(i) is poor; and
(ii) has attained majority; and
(iii) is either a bona fide agriculturist or bona fide intends to cultivate the land ; and
(iv) under sub-rule (2) is eligible for the grant to the extent to which he is eligible.

(2) (i) A political sufferer, who does not own any land, shall be eligible to the grant of land to the extent of four acres of wet or garden land Or ten acres of dry land ;

(ii) A political sufferer, who owns less than four acres of wet or garden land or ten acres of dry land, shall be eligible to the grant of such extent of land as would make up, together with the land owned by him, four acres of wet or garden land or ten acres of dry land.

(3) Subject to the provisions of sub-rule (2), the lands specified in clause (e) of Rule 43 may also be granted at an upset price to a political sufferer, who :

(i) has attained majority and
(ii) is either a bona fide agriculturist or bona fide intends to cultivate the land.

*Notification No. R.6—16353—L. R. 11-55-89, dated 23rd January 1956.


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CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS