BENGALURU: Upa Lokayukta Justice KN Phaneendra took suo moto cognisance of TNIE report ‘Farmers deprived of dividing land among siblings’ dated October 18 and issued notice to the Tahsildar and Assistant Director of Land Records of Channapatna in Bengaluru South district.
The story highlighted that several farmers cultivating around 140 acres in three villages in Channapatna taluk are unable to partition their lands among legal heirs, transfer or sell those lands, as they are not able to get ‘phodi and durasth’ of the properties since the time of their forefathers.
Stating that most of the lands were purchased at an auction in 1928, and some were granted by the government under schemes for the downtrodden or landless, the farmers say their names reflect in RTCs, and the entire parcel of land is transferred from generation to generation on ‘Pauti Khata’ but they are not able to partition it among family members owing to lack of ‘phodi and durasth’.
Referring to the report in TNIE and www.kannadaprabha.com, Justice Phaneendra said every citizen has a right to hold, transfer and sell property as per Article 300A of the Constitution. Though it is not a fundamental right, no one can deprive a citizen of such a right. Also, such a right can be taken away legally, but not forcefully.
However, several farmers in Matthikere, Sankalagere and Belakere of Channapatna taluk have been deprived of their right to partition, sell or transfer about 140 acres, though they are lawful owners, because no original documents were available with the revenue department.
Therefore, officials are duty-bound to take action by providing the necessary documents to enable ‘phodi and durasth’ of the lands owned by the farmers, he observed.
Further, he said that despite the farmers having approached the authorities, officials failed to address their problems, which shows dereliction of duty.
Taking the news report as a source to exercise powers under Section 7(2) and 9(3)(a) of the Act, he said: “I am passing the order to register suo motu proceedings to check whether there is dereliction of duty on the part of the officials. Accordingly, I have issued directions to make Girish, tahsildar, and Prakyathkumar, Assistant Director of Land Records, Channapatna taluk, as respondents.”