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TMI Blog2016 (11) TMI 1738X X X X Extracts X X X X X X X X Extracts X X X X ..... public servant. For this purpose, the view taken by the Division Bench is agreed upon. It is mentioned that different Single Judge Benches of the Karnataka High Court had conflicting views and, for this reason, the matter was referred to the Division Bench which has been answered, by the judgment [ 2011 (11) TMI 872 - KARNATAKA HIGH COURT ] holding licensed surveyor to be a public servant Under Section 2(c) of the Prevention of Corruption Act. For this purpose, the High Court, after taking note of the provisions of Section 128 and 131 of the Act, came to the conclusion that these surveyors discharge statutory duty of preparing survey sketches. Such a function was earlier performed by the surveyors of the Survey Department appointed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2015) and Crl. Appeal Nos. 113-114 of 2017 (Arising out of SLP (Criminal) Nos. 6191-6192 of 2012) - - - Dated:- 22-11-2016 - A.K. Sikri And Abhay Manohar Sapre, JJ. For the Appearing Parties : Nagmohan Das, Sr. Adv., Anitha Shenoy, T.V. Ratnam, Shashibhushan P. Adgaonkar, Pradnya S. Adgaonkar, S. Joseph Aristotle, Priya Aristotle, K. Priyadarshini, V.N. Raghupathy, Lagnesh Mishra and Parikshit P. Angadi, Advs. JUDGMENT A.K. SIKRI, J. 1. Leave granted. 2. The issue involved in these appeals is as to whether the Respondent who was appointed as licenced surveyor Under Section 18A of the Karnataka Land Revenue Act, 1964, (hereinafter referred to as 'Act') would be treated as public servant for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the said amendment is as under: Amending Act 14 of 1999 - Some more than three lakhs of mutation phody cases are pending for measurement and many cases are pending disposal due to change of survey numbers, variation of extent and other reasons. It is considered necessary to entrust the work of preparing sketch of the properties of private surveyors (who will be called as Licensed Surveyors) who shall possess such qualifications and experience, as may be prescribed by inserting a new Section to Karnataka Land Revenue Act, 1964. It is also proposed, by amending Section 128 and 131 of the said Act, to make it obligatory for any person reporting acquisition of right in a partition in respect of land and any person alienating any land, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Government having found that the existing staff in the survey department is not sufficient to cope up with pending work of preparing survey sketches of the properties, thought fit to entrust the work of preparing sketches in favour of the licensed surveyors. Thus, what is assigned to the licensed surveyors is the statutory and official duty of preparing survey sketches under the provisions of the Karnataka Land Revenue Act and the Rules framed thereunder. 2(e) It is also relevant to note that Rule 46-A of the Karnataka Land Revenue Rules, 1966 deals with qualification, experience and age for obtaining license as a licensed surveyor. Rule 46-B mandates that all the persons who apply for license have to compulsorily undergo training ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 (arising out of SLP (Criminal) Nos. 6191-6192 of 2012), have been filed. 5. For the purpose of deciding these appeals, we take note of the facts from Criminal Appeal No. 1140 of 2016 (arising out of SLP (Criminal) No. 3584 of 2012). 6. Insofar as Criminal Appeal No. 1140 of 2016 is concerned, the Single Judge of the High Court has taken a contrary view holding that Surveyor is not a public servant. Thus, in all these cases, the issue is as to whether Surveyor Under Section 18A of the Karnataka Land Revenue Act would be treated as public servant for the purposes of Prevention of Corruption Act, 1988. 7. After hearing learned Counsel appearing for both the parties, we are of the opinion that such a licensed surveyor is to be tre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be paid to the license surveyors; cancellation of license etc., is done and carried out by the State Government. Even the jurisdiction of the licensed surveyor is specified in the license issued by the State Government. Thus, it is clear that the licensed surveyors are not only to aid and assist the State Government in their functioning as licensed surveyors. Thus, the licensed surveyors cannot be termed as mere contractors bound by their engagements, but they are the licencees who are bound by the terms of the office as a licensed surveyors. 8. This legal position is curled out from Rule 46-A to 46-K of the Karnataka Land Revenue Rules, read conjointly with Sections 18-A, 128 and 131 of the Act. The aforesaid facts and legal position ..... X X X X Extracts X X X X X X X X Extracts X X X X
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