(1) Large pendency of darkhasts for land at the close of every year not only causes loss of revenue to Government, but also retards extension of the arable area. Darkhasts should, therefore, receive prompt attention. (G.O. No. R. 11926-75—L.R. 185-18-6, dated 19th March 1919).
(2) As soon as the application for a portion of an unassessed survey number, including gomal survey num¬bers, for which previous sanction has been obtained, is decided by the Deputy Commissioner to be granted, the portion concerned should, on the authority of the Deputy Commissioner, be at once measured and marked off on the field, through the agency of Revenue Inspectors or other taluk officials under the general supervision, if neces¬sary, of the District Surveyor. The assessment should be fixed by the Deputy Commissioner on the basis of survey rates prevailing in neighbouring lands of similar description. The results should be embodied in Form A, Appendix IX, to this Manual. (G.O. No. R. 7486.94—L.R. 294-04-2, dated 18th December 1904).
(3) Applications for portions of assessed survey numbers should be dealt with in precisely the same manner as laid down above, with the exception that, in taluks in which re-survey operations have been completed or are in progress, the sanction of the Superintendent of Land Records must be previously obtained and the rates should be those shown in the akarband for the entire survey numbers. The result under this para should also be entered in the form above referred to.
Note 1.—Sub-Division of assessed survey numbers should be discouraged by encouraging the taking up of the entire survey numbers by two or more persons between them. In such cases, the share of each can be separately recognised and registered in the said form.
2. The above instructions apply to survey numbers of unwieldy size of about double minimum prescribed.
(4) Darkhasts, whether under para (2) or (3) supra, shall be subject to the minima laid down Appendix H, L.R.R., provided that the portion left after in sub-division is riot less than the pi-escribed minima. Their grant will be subject to the final adjustment of boundary lines and assessment by the department of Land Records under clause (a) Rule 30 L.R.R., (for powers of several officers to constitute into separate Survey Numbers of extents falling below the prescribed minima, vide para. . . .in Chapter IX).
(5) Form A referred to above, is designated and maintained as a supplement to the Index of lands (village Form No. I) for each village concerned and can easily be embodied in the remaining village forms.
(6) These directions do not apply to the darkhasts for lands for coffee cultivation.
(7) The form should be filled up retrospectively to include all darkhasts in which cultivation permits have been granted, but which have not as yet been given effect to in the akarband. Upon a part survey number being measured and demarcated by the Department of Land Records and brought on to the akarband, it should be struck off the form, an entry to that effect being made in the column of remarks, quoting authority.
(8) No alteration or amplifications whatever should be made on the village map, except by the Depart¬ment of Land Records. For illustrating the sub-divisions provisionally effected, extracts of the survey numbers should be taken by tracing them on thin paper and pasting this on thick paper, the sub-divisions being indicated on the extracts with red ink. (G.O. No. R. 3829.68—L.R, 89-16-i, dated llth October 1917 ; R. 12540—L.R. 384-19.5, dated 30th April 1920).
(9) Unassessed lands and lands specially reserved or assigned for any public, communal or municipal pur¬pose under section 39 L.R.C., e.g., gomal, date reserve, village forest, State Forest, etc.
(a) Lands in the vicinity of railway stations with¬in, the limits prescribed by rule 52. (M Lands containing valuable fruit or trees or wells or buildings.
other
(10) Necessary entries are made in the Index of lands (formerly Khetewar Patrike) at the time of survey settlement, in the case of almost all lands falling under classes (a) and -(b). If this has not been done, the omission should be made good at once by reference to Faisal Patrika, and the village map. As regards the other classes of lands, the Amildar should cause the entries to be made from time to time, as the cases come to his notice, during the cource of inspection, or as orders are received from higher officers.
(11) In order to determine whether a particular darkhast should be dealt with according to the general rule of free grant, or otherwise, reference should be made to the Index of lands, and if that document does not furnish the necessary data, the darkhast should be for¬warded to the Village Officers for furnishing a memoran¬dum in the prescribed printed forms (Appendix D.L.R.R.) not later than a week from the receipt of the requisition.
(12) Applicants should present their darkhasts in the first instance to the Revenue Inspector who will transmit them within a week to the Amildar for orders with the prescribed memorandum. Darkhasts for unassessed lands for which there is a keen demand should not be rejected merely on the ground that assessed lands are available, but should be considered and disposed of on their merits. (G.O. No. R. 7310-7364—L.R. 411-24-1, dated, Camp Mysore, 8th June 1925). The revised form of particulars to be furnished in dealing with the darkhast applications is prescribed in Revenue Secretary's letter No. R1.-15971, dated 8th January 1955.
LEVY OF FEES FOR PHODING IN THE CASE OF LANDS DISPOSED OF UNDER RULE 43 OF THE L.R. RULES.
(13) (a) Fees for phoding in the case of lands dis¬posed of under Land Revenue Rule 43 will be on the following scale. (G.O. No. R. 7341-51—L.R. 670-28-46, dated 12th May 1930; R. 144-57—L.S. 17-51-4, dated 4th April 1953).
(i) In respect of all dry lands Rs. 20 per survey number.
(ii) In respect of all wet and garden lands Rs. 24 per survey number.
(iii) For Coffee, Tea and Cardamom lands.
(a) When the area is 30 acres or less, Rs. 40 per survey number.
(b) When the area exceeds 30 acres Rs. 50 per survey number.
Saguvali chits may be issued if the grantee executes a mutchalika in the presence of the Amildar to put up boundary marks, etc., at his own cost and if he fails to do so he must agree to the recovery of phodi fees at the rates specified above. (G.O. No. 7895-907—-L.S. 1-53-96, dated 3rd October 1954).
GRANT OF LANDS TO DEPRESSED CLASSES.
(14)
(1) Rules in respect of the grant of lands to depressed classes are governed by Rule 43 of the Rules under the Land Revenue Code.
(2) In addition, the .lands referred to below may also be granted :
(3) Lands out of date reserve lists thrown open for cultivation may be given to applicants of the land¬less and depressed classes on the conditions approved for the grant of lands out of amrut mahal kavals to these classes ordered in Government Order N.R. 2378-88—L.R. 92-22-16, dated 23rd November 1922. (G.O. No. R. 3385-94—L.R. 92-23-93, dated 6th December 1926)
MALKI VALUE.
(15) (i) In cases where the upset price of the land goes far beyond Rs. 100 by reason of the existence of valuable malki on it, and the grantee cannot afford to pay the value of the malki standing on the land, the malki may be disposed of separately in open sale and the land without it may be granted to the depresed class applicants under the concession rule applicable to them. (G.O. No. R. 3472-89—L.R. 311-40-4, dated 18th November 1940).
(ii) The above concessions are extended to the cases of poor persons of other communities also. (GO No. R. 6-19076-87—L.R. 469-94-38, dated 22nd March 1955).
(iii) Twenty per cent of the released kavals in the State should be reserved for disposal to the applicants belonging to Depressed Classes. (G.O. No. R, 859-24—L.R, 321-54.6, dated 10—llth September 1954).
(16) The rules relating to the grant of lands to Depressed Class applicants are applicable to grant of lands for coffee and cardamom cultivation. (G.O. No. R. 11292-96—L.R. 396-54-2, dated 30th October 1954).
GRANT OF LAND TO POLITICAL SUFFERERS.
(i) The Deputy Commissioners of Districts are empowered to grant lands to Political Sufferers up to a limit of five acres of dry or three acres of wet lands.
(G.O. No. R, 14322-33—L.R. 226-53-8, dated 9th December 1953).
(ii) The Revenue Commissioner is empowered to sanction ten acres of dry land or five acres of wet land to political sufferers free of cost or for upset price. (G.O. No. R. 6-18887-97—L.R. 251-54-12, dated 11—12th March 1955).
(iii) Ten per cent of the surrendered Amrit Mahal Kaval lands should be reserved for being_ granted to political sufferers. (G.O. No. R, 859-24—L.R. 321-54-4, dated 10—ll th September 1954).
CATEGORY OF LANDS WHERE PRECAUTION IS TAKEN IN LAND GRANTS:-
No grant of lands of the marginally noted categories should be made merely on application and in every case including those under Grow More Food Scheme, the procedure prescribed in chapter VII of Land Revenue Rules should invariably be followed such as the completion of the Darkhast memorandum in the pres¬cribed form, drawing up mahazar in the village after due publicity and consultation with the Departments con¬cerned such as Public Works Department, etc. (R.C.'s Circular No. C3-1893—52-53, dated 8th December 1952).
(i) Lands within 50 feet of full water level of tanks, beds of tanks, breached, abandoned or in action,
(ii) Thopes,
(iii) Plots containing a khatte and land within a 100 yards of a khatte
(iv) Voni,
(v) Areas adjoining or containing feeder hallas,
(vi) Gomal, when gomal is inadequate or just sufficient.
(2) As soon as the application for a portion of an unassessed survey number, including gomal survey num¬bers, for which previous sanction has been obtained, is decided by the Deputy Commissioner to be granted, the portion concerned should, on the authority of the Deputy Commissioner, be at once measured and marked off on the field, through the agency of Revenue Inspectors or other taluk officials under the general supervision, if neces¬sary, of the District Surveyor. The assessment should be fixed by the Deputy Commissioner on the basis of survey rates prevailing in neighbouring lands of similar description. The results should be embodied in Form A, Appendix IX, to this Manual. (G.O. No. R. 7486.94—L.R. 294-04-2, dated 18th December 1904).
(3) Applications for portions of assessed survey numbers should be dealt with in precisely the same manner as laid down above, with the exception that, in taluks in which re-survey operations have been completed or are in progress, the sanction of the Superintendent of Land Records must be previously obtained and the rates should be those shown in the akarband for the entire survey numbers. The result under this para should also be entered in the form above referred to.
Note 1.—Sub-Division of assessed survey numbers should be discouraged by encouraging the taking up of the entire survey numbers by two or more persons between them. In such cases, the share of each can be separately recognised and registered in the said form.
2. The above instructions apply to survey numbers of unwieldy size of about double minimum prescribed.
(4) Darkhasts, whether under para (2) or (3) supra, shall be subject to the minima laid down Appendix H, L.R.R., provided that the portion left after in sub-division is riot less than the pi-escribed minima. Their grant will be subject to the final adjustment of boundary lines and assessment by the department of Land Records under clause (a) Rule 30 L.R.R., (for powers of several officers to constitute into separate Survey Numbers of extents falling below the prescribed minima, vide para. . . .in Chapter IX).
(5) Form A referred to above, is designated and maintained as a supplement to the Index of lands (village Form No. I) for each village concerned and can easily be embodied in the remaining village forms.
(6) These directions do not apply to the darkhasts for lands for coffee cultivation.
(7) The form should be filled up retrospectively to include all darkhasts in which cultivation permits have been granted, but which have not as yet been given effect to in the akarband. Upon a part survey number being measured and demarcated by the Department of Land Records and brought on to the akarband, it should be struck off the form, an entry to that effect being made in the column of remarks, quoting authority.
(8) No alteration or amplifications whatever should be made on the village map, except by the Depart¬ment of Land Records. For illustrating the sub-divisions provisionally effected, extracts of the survey numbers should be taken by tracing them on thin paper and pasting this on thick paper, the sub-divisions being indicated on the extracts with red ink. (G.O. No. R. 3829.68—L.R, 89-16-i, dated llth October 1917 ; R. 12540—L.R. 384-19.5, dated 30th April 1920).
(9) Unassessed lands and lands specially reserved or assigned for any public, communal or municipal pur¬pose under section 39 L.R.C., e.g., gomal, date reserve, village forest, State Forest, etc.
(a) Lands in the vicinity of railway stations with¬in, the limits prescribed by rule 52. (M Lands containing valuable fruit or trees or wells or buildings.
other
(10) Necessary entries are made in the Index of lands (formerly Khetewar Patrike) at the time of survey settlement, in the case of almost all lands falling under classes (a) and -(b). If this has not been done, the omission should be made good at once by reference to Faisal Patrika, and the village map. As regards the other classes of lands, the Amildar should cause the entries to be made from time to time, as the cases come to his notice, during the cource of inspection, or as orders are received from higher officers.
(11) In order to determine whether a particular darkhast should be dealt with according to the general rule of free grant, or otherwise, reference should be made to the Index of lands, and if that document does not furnish the necessary data, the darkhast should be for¬warded to the Village Officers for furnishing a memoran¬dum in the prescribed printed forms (Appendix D.L.R.R.) not later than a week from the receipt of the requisition.
(12) Applicants should present their darkhasts in the first instance to the Revenue Inspector who will transmit them within a week to the Amildar for orders with the prescribed memorandum. Darkhasts for unassessed lands for which there is a keen demand should not be rejected merely on the ground that assessed lands are available, but should be considered and disposed of on their merits. (G.O. No. R. 7310-7364—L.R. 411-24-1, dated, Camp Mysore, 8th June 1925). The revised form of particulars to be furnished in dealing with the darkhast applications is prescribed in Revenue Secretary's letter No. R1.-15971, dated 8th January 1955.
LEVY OF FEES FOR PHODING IN THE CASE OF LANDS DISPOSED OF UNDER RULE 43 OF THE L.R. RULES.
(13) (a) Fees for phoding in the case of lands dis¬posed of under Land Revenue Rule 43 will be on the following scale. (G.O. No. R. 7341-51—L.R. 670-28-46, dated 12th May 1930; R. 144-57—L.S. 17-51-4, dated 4th April 1953).
(i) In respect of all dry lands Rs. 20 per survey number.
(ii) In respect of all wet and garden lands Rs. 24 per survey number.
(iii) For Coffee, Tea and Cardamom lands.
(a) When the area is 30 acres or less, Rs. 40 per survey number.
(b) When the area exceeds 30 acres Rs. 50 per survey number.
Saguvali chits may be issued if the grantee executes a mutchalika in the presence of the Amildar to put up boundary marks, etc., at his own cost and if he fails to do so he must agree to the recovery of phodi fees at the rates specified above. (G.O. No. 7895-907—-L.S. 1-53-96, dated 3rd October 1954).
GRANT OF LANDS TO DEPRESSED CLASSES.
(14)
(1) Rules in respect of the grant of lands to depressed classes are governed by Rule 43 of the Rules under the Land Revenue Code.
(2) In addition, the .lands referred to below may also be granted :
(3) Lands out of date reserve lists thrown open for cultivation may be given to applicants of the land¬less and depressed classes on the conditions approved for the grant of lands out of amrut mahal kavals to these classes ordered in Government Order N.R. 2378-88—L.R. 92-22-16, dated 23rd November 1922. (G.O. No. R. 3385-94—L.R. 92-23-93, dated 6th December 1926)
MALKI VALUE.
(15) (i) In cases where the upset price of the land goes far beyond Rs. 100 by reason of the existence of valuable malki on it, and the grantee cannot afford to pay the value of the malki standing on the land, the malki may be disposed of separately in open sale and the land without it may be granted to the depresed class applicants under the concession rule applicable to them. (G.O. No. R. 3472-89—L.R. 311-40-4, dated 18th November 1940).
(ii) The above concessions are extended to the cases of poor persons of other communities also. (GO No. R. 6-19076-87—L.R. 469-94-38, dated 22nd March 1955).
(iii) Twenty per cent of the released kavals in the State should be reserved for disposal to the applicants belonging to Depressed Classes. (G.O. No. R, 859-24—L.R, 321-54.6, dated 10—llth September 1954).
(16) The rules relating to the grant of lands to Depressed Class applicants are applicable to grant of lands for coffee and cardamom cultivation. (G.O. No. R. 11292-96—L.R. 396-54-2, dated 30th October 1954).
GRANT OF LAND TO POLITICAL SUFFERERS.
(i) The Deputy Commissioners of Districts are empowered to grant lands to Political Sufferers up to a limit of five acres of dry or three acres of wet lands.
(G.O. No. R, 14322-33—L.R. 226-53-8, dated 9th December 1953).
(ii) The Revenue Commissioner is empowered to sanction ten acres of dry land or five acres of wet land to political sufferers free of cost or for upset price. (G.O. No. R. 6-18887-97—L.R. 251-54-12, dated 11—12th March 1955).
(iii) Ten per cent of the surrendered Amrit Mahal Kaval lands should be reserved for being_ granted to political sufferers. (G.O. No. R, 859-24—L.R. 321-54-4, dated 10—ll th September 1954).
CATEGORY OF LANDS WHERE PRECAUTION IS TAKEN IN LAND GRANTS:-
No grant of lands of the marginally noted categories should be made merely on application and in every case including those under Grow More Food Scheme, the procedure prescribed in chapter VII of Land Revenue Rules should invariably be followed such as the completion of the Darkhast memorandum in the pres¬cribed form, drawing up mahazar in the village after due publicity and consultation with the Departments con¬cerned such as Public Works Department, etc. (R.C.'s Circular No. C3-1893—52-53, dated 8th December 1952).
(i) Lands within 50 feet of full water level of tanks, beds of tanks, breached, abandoned or in action,
(ii) Thopes,
(iii) Plots containing a khatte and land within a 100 yards of a khatte
(iv) Voni,
(v) Areas adjoining or containing feeder hallas,
(vi) Gomal, when gomal is inadequate or just sufficient.
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