ORDER
N.K. Patil, J.
1 Petitionen being aggrieved by the circular dated 24th January, 2005 issued by third respondent vide Annexure-F, insofar as it relates to petitioner, has presented the instant writ petition.
2. The grievance of the petitioner in the instant writ petition is that, petitioner, having requisite qualification as prescribed under the Karnataka Land Revenue (2nd Amendment) Rules, 1999 has applied for licence for appointing him as a “Licensed Surveyor” as envisaged under Section 18-A of the Karnataka Land Revenue Act, 1964. In pursuance of the application filed by petitioner, his request has been considered and petitioner has been appointed as “Licensed Surveyor” after undergoing compulsory training for three months and passing the necessary Examination conducted by the Survey Settlement Training Institute as per the relevant Rules. When petitioner was discharging his duties as “Licensed Surveyor”, the third respondent has issued the circular dated 15th May, 2002 in consonance with the Karnataka Land Revenue (2nd Amendment) Rules, 1999, consisting of certain guidelines to the “Licensed Surveyors” to prepare the sketch as provided under Sections 128 and 131 of the Karnataka Land Revenue Act. When things stood thus, without any justification and when there was no need as such to take up the matter unilaterally, the third respondent has proceeded to issue another circular dated 24th January, 2005 vide Annexure-F. It is the case of petitioner that, the impugned circular issued by the third respondent severally affects the rights of the “Licensed Surveyors” and the same has been issued on the directions of the Secretary, E-Governance and the same is not in accordance with the Karnataka Land Revenue (2nd Amendment) Rules, 1999. Since the impugned circular severally affects the rights of the “Licensed Surveyor”, petitioner is constrained to approach this Court by presenting the instant writ petition, assailing the correctness or otherwise of the impugned circular dated 24th January, 2005 vide Annexure-F.
3. I have heard learned Counsel appearing for petitioner and learned Additional Government Advocate appearing for respondents.
After careful perusal of the impugned circular dated 24th January, 2005 vide Annexure-F issued by third respondent, it is manifest on the face of the contents of the said circular that, the said circular consists of certain guidelines to the “Licensed Surveyors” setting out therein the DO’s and DONOTs to enable the licensed Surveyors’ to perform their duty in an effective and better manner. As could be seen from the said circular, it consists of nearly eighteen guidelines, setting out therein clearly as to how the “Licensed Surveyor” has to prepare the sketch, the procedure to be followed, the duration for preparing the sketch, and other tips to discharge the duties of a “Licensed Surveyor” effectively. Moreover, the impugned circular under challenge has been issued on the basis of the decision taken in the meeting held on 18th January, 2005 by the E-Governance Secretary making the sketch mandatory and issuing the same in continuation of the earlier circulars issued. The said proceedings had been presiding over by the Special Secretary (Bhoomi), Revenue Department, Bangalore in connection with the procedure to be followed for preparing sketches in respect of partition of land before registration. On perusal of the impugned circular, it can be seen that, the same is issued after calling for objections from all quarters and in the presence of the representatives from all the sections including the private surveyors and the same is issued only with an intention to provide the sketches expeditiously to the general public and to avoid exploitation of general public by the Licensed Surveyors. Further, it is seen that, the same is issued having regard to substantial increase in the number of disputes, population and developmental activities and day-to-day problems faced by general public. The Competent Authority-Director of Survey Settlement and Land Records, in his wisdom, has thought it fit to issue the impugned circular and taken necessary steps to curb the exploitation of general public, increase the efficiency of Licensed Surveyors, and to provide better facilities to the public in general. As per the impugned circular, the Competent Authority has taken steps to get the survey of lands done by the Licensed Surveyors within five to ten days of their application by the litigants or general public, and the object of the impugned circular is to avoid unnecessary delay in issuance of survey sketches, exploitation by the surveyors and to avoid the inconvenience caused to the applicants seeking survey sketches. Moreover, the impugned circular consisting of nearly eighteen guidelines is issued after inviting objections, in the presence of all the persons likely to be affected, the representatives from all quarters, including the private surveyors, who had promised to give full support for carrying out survey in all those cases where the land has been registered. Therefore, it can safely be said that, the impugned circular is issued in the best interest of public in general and litigants in particular, who is a welcome move.
4. Further, it can be seen that, the impugned guidelines are issued taking into consideration the various factors including the fact that, the Tahsildar, BMC informed the members that, a software Bhoomi Mojini (Bhoomi measurement) is being designed to help citizens to formally register their requests in the Taluk Office for survey of their land before entering into any transaction and this software would ensure that FIFO (First In and First Out) principal of seniority is followed and there is full accountability of surveyors and pendency of surveyors can be watched in this software and if there is delay by any surveyor, action can be taken to cancel the licence if he is a private surveyor and take disciplinary action if he is a Government Surveyor. Further, the Director of Survey Settlement and Land Records has included the impugned guidelines in the present circular since he received number of complaints and also noticed that, the number of private surveyor are not uniform in all the Districts and they have to be relocated in those districts where number of surveyors are less. Therefore, it was decided that, jurisdiction of private surveyors would be Taluk instead of Districts and that, private surveyors will give application to relocate to needy taluks after discussing amongst themselves. Further, the impugned circular is issued on the basis that, the Survey Settlement and Land Records Department is now computerising atlas and tippans and they would be available in Bhoomi KIOSKS within a minute and that, private surveyors need not then approach the Department of Survey, Settlement and Land Records and that, Akarbandh would also be digitized immediately. Further, it is pertinent to note that, before issuing the impugned circular, due care has been taken to give sufficient publicity of the new Scheme in the electronic media including Television so that citizens are aware of the new Scheme. Therefore, taking into consideration all these factors and bearing in mind the causes and effects of the impugned circular consisting of the guidelines, the Competent Authority has issued the impugned circular, by having a pragmatic approach to solve the problems faced by the litigants and to issue the survey sketches without any delay, after detailed deliberation in the matter from all the quarters, such as representatives from the Revenue Department, Registration Department, Department of Survey Settlement and Land Records, Licensed Surveyors, National Informatics Centre, Bhoomi Monitoring Cell, CDAC, Pune, etc. Therefore, when the Competent Authority, has taken a conscious decision to implement the new Scheme effectively and efficiently, by adhering to all the prerequisites of issuing the impugned circular, consisting of the do’s and do not’s for the ‘Licensed Surveyors’ bearing in mind the inconvenience caused to general public and to extend speedy and inexpensive relief to the litigants and to drastically decrease the number of disputes in approaching” the legal forums, in consultation and detailed deliberation with all the concerned Departments, it is not just, proper and fair for this Court to entertain the instant writ petition and set aside the impugned circular only on the basis that, it affects the interest of petitioner and the licence period of petitioner expires on 10th September, 2005. It is also not fair on the part of petitioner, being the private Licensed Surveyor to pray for setting aside the impugned circular, as a matter of right and assail the impugned circular consisting of the guidelines issued as per the amended provisions of the Act. The petitioner, except making an omnibus statement in the writ petition that, the impugned circular issued seriously and severally affects the rights of the petitioner inasmuch as the period of valid licence granted to him will expire by 10th September, 2005, has not made out a good case nor has assigned cogent reasons. Therefore, petitioner cannot assail the correctness of the impugned circular, which acts as a minor to all the Licensed Surveyors in carrying out survey of lands and preparation of sketches. Further, it is pertinent to note that, the registration authorities had to ensure that, before a portion of land owned by an owner is registered, it has to be necessarily surveyed as per Sections 128 and 131 of the Karnataka Land Revenue Act, 1964 and Rule 46 of the Karnataka Land Revenue Rules, 1966. Therefore, to avoid delay in getting the survey sketches by the citizens and to decrease the number of legal disputes drastically as both purchasers and sellers as they would exactly know on which piece of land they are transacting, the impugned guidelines are issued by way of a circular.
5. Therefore, the Competent Authority, by taking into consideration all these factors, acting within the parameter of the relevant Act and Rules, has issued the impugned guidelines. Hence, I do not find any unreasonableness or arbitrariness or illegality as such committed by the Competent Authority in issuing the impugned circular nor petitioner has made out any good grounds for interference in the impugned circular and entertain the instant writ petition.
6. Therefore, having regard to the facts and circumstances of the case, the writ petition filed by petitioner is liable to be dismissed as devoid of merits. Accordingly, it is dismissed.