Under Rule 43 (ii) it is only in special cases where the land is very valuable or where there is no demand for land from person eligible for the grant of lands under sub-rule ( 1 ) the Deputy Commissioners may with the previous sanction of the Revenue Commissioner, sell such land by public auction. Every sale by auction under these Rules, or in pursuance of any of the provisions or the Land Revenue by public Code, shall unless otherwise provided for, be conducted so far as may be, in accordance with Sections 171, 172, 176 to 183, both inclusive, and 186 of the said Code. Sales not otherwise provided for shall be made by auction by such persons as may be authorised in this behalf by these rules or by the Deputy Commissioner. No sales of lands shall take place until after the expiration of at least seven days from the latest date on which the notice of sale shall have been affixed, as required by Section 172.

When the estimated value of the property does not exceed two hundred rupees the sale may be entrusted to the Revenue Inspector in charge of the Hobli or Circle, and where such value exceeds two hundred rupees, the sale shall be conducted by the Amildar or such officer as may be specially empowered in that behalf by the Deputy Commissioner. When the value of the property exceeds one thousand rupees, the sale shall be conducted by the Deputy Commissioner or by an officer not below the rank of an Assistant Commissioner authorised by the Deputy Commissioner by General or Special order. When the property consists of more than one lot, the estimated value shall be the value of each lot separately, as an individual item and not the aggregate value of all the lots.
Sales of land shall be subject to confirmation by the Deputy Commissioner or by some other officer authorised by these rules or by the Deputy Commissioner, such con¬firmation not being ordered before the date of payment of the full amount of purchase money :

Provided that in conducting the following sales : —
(a) sales of the right of grazing and of the right to take or cut grass in waste lands.
(b) sales 'of the right to take the fruit of specified Government trees for a specified period, and
(c) sales of dead wood.

the procedure shall be in accordance with such orders as may, from time to time, be made by the Deputy Com¬missioner either generally or specially in this behalf, in¬stead of the procedure prescribed in Section 171 and 172 of the Land Revenue Code.

The Government, the Revenue Commissioner, and the Deputy Commissioner may condone delays in the payment of full amount of purchase money in darkhasts sales subject to the levy of penalty up to 10 per cent of the purchase money not exceeding Rs. 50 in any case. Provided that the power to condone the delay shall be exercisable by (i) the Deputy Commissioner in respect of delays exceeding 15 days but not exceeding 30 days, (ii) the Government in respect of delays exceed¬ing 30 days (Notification No. R. 11238—L.R. 45-52-28, dated 26th November 1952),

The proclamation and written notice of sale required to be issued under Sections 171 and 172 of the said Code shall be in one of the forms contained in Appendix B or as near thereto as may be.

Note.—The rule is applicable only to darkhast sales and not to sales held for the recovery of the arrears of land revenue

(1) When a gomal survey number consisting of 24 acres and 27 guntas was phoded into 4 blocks and sold in auction by the Revenue Inspector and confirmed by the Amildar, it was held, that the sale of each survey number was separate and independent and the Revenue Inspector was quite competent to hold_the sale. To add up the value of all the survey numbers and then say that the total amount is beyond the jurisdiction of the Revenue Inspector is not correct. (R.A. No. 70—12-43.) (G.O. No. R, 1283-4—L.R. 337-42-4, dated 31st August 1943).
(2) The non-payment of Boundary mark charges will render the contract of sale incomplete and the land cannot be subdivided. In the sale notification connected with unoccupied lands requiring sub-division the condi¬tion that boundary mark changes should be paid along with the purchase money is invariably inserted. (G.O. No. 7895-907—L.S. 1-53-96, dated 30th October 1954).


(3) The existing rule 26 of the Land Revenue Rules which does not provide for postponement of Dar¬khast sales should be strictly enforced. In case the highest bid recovered is, through combination or for other cause unduly low, the sale can always be cancelled and fresh darkhast sale held after observing the prescribed procedure. (Circular Letter No. R. 6592—L.R. 285-38-4, dated 28th June 1939).


(4) The exclusion of the phut kharab of a survey number from its advertised extent was held to be an un¬important error which in no way affected the sale of the land or darkhast or the proceedings connected with it. (G.O. No. R.
1059—A.R.M. 110-05-7, dated 27th January 1906).

(5) Amildars should not, on their own responsi¬bility order reservation of lands duly assessed to revenue by the department of land records and for which darkhasts are received. (Appeal No. 39—1905-1906).

(6) If a Deputy Commissioner passes an order directing disposal of a land in an auction, and if an appeal be preferred to him against the Assistant Commissioner's order confirming the sale of that land, the Deputy Com-missioner is not precluded from entertaining the appeal (Appeal No. 132 of 1908-09), (G.O. No. R. 3554—L.R. 547-08-2, dated 12th November 1909).

(7) An officer who once confirms a revenue sale and authorises the purchaser to be put in possession of the land is not competent to subsequently cancel the sale oil his own authority, on the ground of objections already on record. (G.O. No. R. 3553-4—L.R. 547-08-2, dated 12th November 1909. Appeal No. 115 of 1908-09).

(8) In the absence of any fraud or material irregu¬larity a (darkhast) sale otherwise regularly held should . not be cancelled, merely on the ground of subsequent higher bids for the land. (Appeal No. 2 of 1917-18). (G.O. No. 410—P.F. 157-02, dated 10th October 1903; R. 3275—R.M. 494-05-3, dated 17th September 1906; ^R. 11471—L.R. 233-17-5, dated 27th May 1918).

(9) A survey number which was really a tank kharab and which had wrongly been reported as a hul-bauui kharab was given out for cultivation. Held that though the failure of the taluk authorities to make personal inspection before the darkhast sale of the said land took place was a reprehensible omission, the sale was rightly cancelled and the land was ordered to be resumed and treated as tank kharab, the price paid by the appellant, being refunded to him. (Appeal No. 1 of 1919-20). (G.O. No. R. 4135—L.R. 243-17-4, dated 24th September 1919).

(10) A Deputy Commissioner cannot, after pas¬sing an order cancelling a sale, review his previous order and confirm the sale. (Appeal No. 6 of 1919-20).
(G.O. No. R. 6295—L.R. 201-18-5, dated 27th November 1919).

(11) When the extents stated in the various documents (mahazar, sale proclamation, sale patties, etc.) connected with the sale of a vacant site are discrepant. the accepted rule is that the true extent should be deter¬mined by a reference to its boundaries. (Appeal No. 7 of 1919-20). (G.O. No. R. 6953—L.R. 147-18-5, dated 17th December 1919).

(12) A revenue sale held with due formality should not be cancelled, merely to grant the land at an upset price to a person who owns the adjoining lands. (Appeal No. 13 of 1919-20). (G.O. No. R. 9786—L.R. 192-184, dated 26th February 1920).

(13) Darkhast sales conducted by the Revenue Officers should always be characterised by good faith, impartiality and independence. (Appeal No, 9 of 1919-20). " (G.O. No. 9810—L.R. 204-18-4, dated 26th February 1920).


(14) A person properly put in possession of a land under a saguvali chit and holding it for more than a year should not summarily be deprived of it by cancelling the saguvali chit, merely because, a petition of objection was presented long after the prescribed appeal time. (Appeal No. 96 of 1911-12).
(G.O. No. R. 5831—L.R. 195-12-4, dated 12th April 1913).

No comments: