Document Fragment View

Matching Fragments

6. In pursuance of the same, the Court Commissioner appointed by this Court has conducted the survey and submitted a report. However, on 30.09.2021, this Court noticed that the jurisdictional ADLR, who was appointed as the Court Commissioner had sub-delegated the Commission work to a Taluk Surveyor, which was impermissible in law and accordingly, directed the ADLR himself to conduct a fresh survey and submit a report. The said order dated 30.09.2021 reads as under:

" On 28.1.2020, an order was passed appointing the Assistant Director of Land Records (for short 'ADLR') of Nelamangala Taluk to conduct survey. Survey report has been submitted, but it shows that survey was not conducted by ADLR. Instead he delegated his power to Taluk surveyor for conducting survey. Learned counsel for the appellants submits that respondent did not take any objection at the time of conducting survey on 2.3.2020 for the first time by the Taluk surveyor and therefore the respondent cannot take an objection now. Respondent's counsel submits that though the respondent did not take objection on 2.3.2020, survey was not completed on 2.3.2020. The next date of survey was fixed on 21.3.2020. The ADLR, Nelamanagala Taluk himself addressed a letter to this court seeking extension of time to complete the survey work and therefore the respondent was under

the impression that the ADLR would himself conduct the survey on 21.3.2020. But the Taluk surveyor completed the survey. In this view, he submits that the report of the Commissioner cannot be accepted. ADLR could not have delegated his power to the Taluk surveyor. Learned counsel for the respondent relies upon the judgment of this court in the case of Shamanna Setty Vs. B.L.Channegowda (ILR 2006 KAR 3588).
I have perused the survey report. The order dated 28.1.2020 is very clear and the ADLR was directed to conduct survey. In this view as has been held by this court in Shamanna Setty's case, there cannot be delegation of authority by the Commissioner to his sub-ordinate. Therefore the survey report submitted by the Taluk Surveyor cannot be accepted and it is rejected.
The counsel for the appellant now submits that the Commissioner may be directed to conduct survey once again. Therefore, the ADLR, Nelamangala is hereby directed to conduct survey himself in accordance with order dated 28.1.2020 of this court. The ADLR shall not delegate his power to his sub- ordinate. Since this appeal is considerably old, the ADLR shall complete the survey within a period of one month from the date of receipt of this order. The parties are at liberty to file fresh memo of instructions well in advance to enable the ADLR to conduct survey. Issue commissioner warrant. The appellants shall pay the process fee for issuing commissioner warrant.