Farmers’ Alleged Road-Encroachment Notices Quashed: Karnataka HC Says Government Land Claims Need Inquiry By Assistant Commissioner or Equal-Rank Survey Officer

The petitioners, claiming ownership and possession of agricultural lands including Survey Nos. 75/1 and 78/3, challenged a Tahsildar’s communication directing removal of an alleged encroachment on a road said to run through several survey numbers, and a subsequent Revenue Inspector’s notice requiring them to produce records supporting their entitlement to the land

The petitioners contended that the authorities lacked competence to act and that a civil suit concerning the claimed road was pending

The State submitted that the authorities had identified an encroachment of a public road

Section 67(1) of the Karnataka Land Revenue Act, 1964 declares public roads and other specified property, subject to established private rights and applicable law, to be Government property.

Under Section 67(2), a claim concerning property or a right in property asserted by or against the State Government must be decided, after a formal inquiry, by an Assistant Commissioner or a Survey Officer not below the rank of Assistant Commissioner.

No precedent was cited.

The Tahsildar’s communication alleged encroachment of Government land in specified survey numbers, thereby raising a claim falling within Section 67.

The Court held that such a claim could be acted upon only by the statutorily designated officer after a formal inquiry; neither the Tahsildar nor the Revenue Inspector could initiate the impugned action in the manner adopted. As no qualifying inquiry had been conducted, the communications were issued by an incompetent authority and could not stand.

It left it open to the competent officer to initiate action in strict accordance with Section 67 of the Karnataka Land Revenue Act, 1964.