Whichever senior KAS officer occupied the post, he or she immediately became the most vacillating arbitrary statutory authority, the court observed.
The Karnataka high court on Tuesday observed that the special deputy commissioners were an incorrigible lot. Whichever senior KAS officer occupied the post, he or she immediately became the most vacillating arbitrary statutory authority, the court observed.
Justice DV Shylendra Kumar made these observations while hearing a petition questioning an order issued by a special deputy commissioner for resumption of land to the government on the premise that no grant had been made.
Petitioner R Nanjappa had contended that he is the owner of land measuring six cares at Arbinnamangala village at Jala hobli of Bangalore North taluk. The original owner of the land was HN Mahadevan, who was granted the land way back in 1961.
After Mahadevan died, the property changed hands many times and was finally purchased by Nanjappa. But the special deputy commissioner had on February 4, 2011 ordered for resumption of land.
Observing that a government land encroached could be resumed in accordance with law, the judge said that in the present case the resumption of land under the guise of proceeding under Section 136(3) of the Karnataka Land Revenue Act was definitely a misuse and abuse of power.
The judge directed the registry to list all matters involving the cancellation of entries in revenue records and resumption of land in exercise of power conferred on the special deputy commissioners before him on Wednesday since the revenue secretary was slated to appear in a related matter in the court during the day.
Justice Kumar also observed that It had been noticed that most special officers had passed such resumption orders.
It was obvious that they were not keen on passing orders either in accordance with law or on the basis of available records, he said and added that there appeared to be considerations and other reasons at work. The special DCs had acquired a reputation of being corrupt revenue officials, and this perception was widespread, he added.
He also referred to directives to the state government to abolish the post of the special deputy commissioners and entrust the responsibility to regular deputy commissioners.
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