Inquiry regarding illegal transactions regarding Section 83 of the Karnataka Land Reforms Act, 1961

Sl No 8


Circular Number RD 339 LRM 74

Date 12/24/74

Section Land Reforms

Subject Inquiry regarding illegal transactions regarding

Body GOVERNMENT OF KARNATAKA
No. RD 339 LRM 74 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated: 24th December 1974.
C I R C U L A R

Sub: Inquiry regarding illegal transactions regarding.
Under Section 83 of the Karnataka Land Reforms Act, 1961, the prescribed authority shall, after a summary inquiry, determine whether the transaction reported to it under section 82 or coming to its notice in any other manner is in declaration of the provisions of this act, and make a declaration accordingly. Any transaction so declared to be in contravention of any of the provisions of this act shall be NULL AND VOID. But it has been brought to the notice of the Government that some of the Assistant Commissioners functioning as "prescribed authority" enter Section 83 are dismissing complaints preferred before them by private persons about the transactions contravening Section 80 of the Land Reforms Act on the ground that the persons who preferred the complaint have failed to appear and prosecute the application. This procedure is not correct. The prescribed authority has to take action on the basis of any information received by it form any source and it cannot dismiss the complaints and close the proceedings on the ground that the complaints has defaulted to put in appearance. When once the Assistant Commissioner has received information from any source that a particular transaction contravenes the provisions of the Land Reforms Act, the proceedings can be closed only after he has examined the merits of the case and come to the conclusion either that the transaction is 'null and void' being in contravention of the provisions of the Act or that there has been no contravention of the provisions of the Act. After the amendment of Section 83 which has come into force on 01.03.1974, all land involved in Transactions and declared as null and void by the prescribed authority shall be forfeited to and vest in Government. Hence, it is the Government which is ultimately interested in getting the transaction declared as null and void.

(N.B.Sakharadande)
Asst. Spl. Officer for L.R. & Ex-officio
Under Secy. to Govt. Rev. Dept.