KARNATAKA LAND REFORMS (FIRST AMENDMENT)
RULES, 1980
KARNATAKA
LAND REFORMS (FIRST AMENDMENT) RULES, 1980
PREAMBLE
In
exercise of the powers conferred by Section 137 of the Karnataka Land Reforms
Act, 1961 (Karnataka Act No. 10 of 1962) the Government of Karnataka, hereby
makes the following rules, the draft of the said rules having been previously
published as required under sub-section (1) of Section 137 in Notification No.
RD 474 LRM 77, published in the Karnataka Gazette, in Part IV, Section 2-C(i) on
31st January, 1980.
Rule - 1. Title and commencement.
(1)
These rules may be called the
Karnataka Land Reforms (First Amendment) Rules, 1980.
(2)
They shall come into force at once.
Rule - 2. Amendment of Rule 9-A.
In
Rule 9-A of the Karnataka Land Reforms Rules, 1974, (hereinafter referred to as
the said rules).
(1)
After sub-rule (1), the following
sub-rule shall be inserted, namely.
"(1-A) the Village-war register for the application
received under Section 38 shall be in Form No. 2-AA."
(2)
after sub-rule (3), the following
sub-rule shall be inserted.
(3)
The register showing the issue of
certificate of Registration as an owner under Section 38 shall be in Form 2-D.
Rule - 3. Amendment of Rule 20.
Rule
20 of the said rules shall be renumbered as sub-rule (1) thereof, and after
sub-rule (1) as so renumbered, the following sub-rule shall be inserted,
namely.
"(2) The form of application under Section 48-B, shall
be in Form 9-C."
Rule - 4. Amendment of Rule 26-AA.
In
sub-rule (3) of Rule 26-AA of the said rules, the following proviso shall be
added "Provided that no such consultation shall be necessary where no
consultative committee has been so constituted for the taluk."
Rule - 5. Insertion of new Rule 27-B.
After
Rule 27-A of the said rules, the following rule shall be inserted, namely.
"27-B. Issue of a title-deed.Tahsildar shall issue a
Title-Deed in Form No. 11-D to the Grantee on payment of the purchase price in
accordance with Section 78.
Rule - 6. Amendment of Rule 44.
In
Rule 44 of the said rule, for clause (1), the following clauses shall be
substituted, namely.
"(1-A) The Village-war register for the application
received under Section 38 in Form No. 2-AA.
(1-B) The Register showing the issue of certificate of
Registration as owner under Section 38 in Form No. 2-D.
(1-C) Village-war register of application under Section
48-A, Form 9-AA.
(1-D) Register of premium recoverable under Section 48-A(7)
from the tenants to be registered as occupants in Form 16.
Rule - 7. Insertion of new Forms 2-AA, 2-D, 9-AA, 9-C, 11-D.
In
the said rule.
(1)
After Form 2-A, the following Form
shall be inserted, namely.
FORM 2-AA
[See Rule 44]
Villagewar Register of Applications Filed under Section 38
before the Tribunal
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District:
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Taluk:
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Village:
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Sl. No.
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Date of receipt
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Name of applicant with father's name
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Age
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Profession
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Residential Address
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Description of the dwelling house
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Name of owner of the land in which the dwelling house, exists
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1
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2
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3
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3(a)
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3(b)
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3(c)
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4
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5
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Address of the owner
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Description of land involved
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Period for which the applicant has been the occupant of the dwelling
house
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Date of final order by Tribunal giving substance of the order
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Remarks
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Sl. No.
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Pot Hissa
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Area
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Assessment
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A-Gunta Cents
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5(a)
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6
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6(a)
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6(b)
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6(c)
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7
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8
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9
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(2)
After Form No. 2-C, the following Form
shall be inserted, namely.
FORM 2-D
[See Rule 44]
Register showing the issue of certificate of Registration
as owner under Section 38 of the Karnataka Land Reforms Act
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Name of the Taluk:
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Name of the District:
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Sl. No.
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Name of Village
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Name and father's name of the grantee
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Residential address of the grantee
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Details of the dwelling house and appurtenant land in respect of which
ownership is granted by Tribunal
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Details of dwelling house
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Sl. No. of the land
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Extent
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G/cents
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1
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2
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3
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4
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5(a)
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5(b)
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5(c)
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No. and date of order of the Tribunal confirming the right of ownership
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Details of amount recoverable and value of
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Challan No. and date of credit to treasury
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No. and date of the certificate of Registration issued
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Signature of Tahsildar Special Tahsildar
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Remarks
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Dwelling house if any
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Land
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Total
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6
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7(a)
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7(b)
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7(c)
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8
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9
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10
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11
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(3)
After "Form "No. 9-A, the
following Form shall be inserted, namely.
FORM 9-AA
Village war Register of applications filed under Section
48-A before the Tribunal
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District:
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Taluk:
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Village:
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Sl. No.
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Date of receipt
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Name of applicant
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Age
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Profession
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Residential address
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Class of tenancy
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Name of Landlords
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Permanent
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Protected
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Sub-tenant
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Oral lessee
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1
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2
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3
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3(a)
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3(b)
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3(c)
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4
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4(a)
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4(b)
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4(c)
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5
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Addresses of Landlords
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Description of lands involved
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Period for which the applicant has been cultivating the land as tenant,
sub-tenant/oral lessee
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Date of final order by Tribunal giving substance of the order
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Remarks
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Sl. No.
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Pot Hissa No.
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Area
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Assessment
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5(a)
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6
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6(a)
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6(b)
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6(c)
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7
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8
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9
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(4)
After Form No. 9-B, the following form
shall be inserted, namely.
FORM 9-C
Application for claiming amount under Section 48-B
(1)
District
(2)
Taluk
(3)
Village
(4)
Particulars of land
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S. No.
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Area
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Assessment
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Classification
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A, B, C or D
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(5)
Name of applicant
(6)
(7)
Address
(8)
Whether applicant is a.
(a)
Small holder
(b)
Minor
(c)
Widow
(d)
Women who has never been married
(e)
Person who is Physically or mentally
disabled
(f)
Soldier or seaman
(Please
tick mark ( ) against the applicable entry).
To
The
Tahsildar, Taluk
Sir,
I,
whose full particulars are given on the margin of the application was the
landlord/intermediary of the lands described against Items IV and V upto 28th
February, 1974. I have no objection to the tenant/sub-tenant/actual cultivator
Shri/Smt ................being considered to be entitled to be registered as an
occupant of the land under reference. I enclose herewith a certified copy of
the statement filed by me before the Tribunal agreeing that the
tenant/sub-tenant/actual cultivator Sri/Smt................may be registered as
the occupant of the land on payment or the premium fixed under sub-section (7)
of Section 48-A of the Karnataka Land Reforms Act, 1961. The amount due to me
may be calculated and paid.
Yours
faithfully,
Taluk:
Village:
District:
Signature/L.T.I.
of applicant.
(5)
After Form 11-C, the following form
shall be inserted, namely.
"FORM 11-D
[See Section 77 and Rule 27-A]
Title-deed
for grant of surplus land under Section 77 of the Karnataka Land Reforms Act,
1961.
Whereas,
the Tribunal/Assistant Commissioner of Revenue Sub-Division.........has under
sub-sections (1) to (2) of Section 77 of the Karnataka Land Reforms Act granted
to Sri.........of .........the surplus land as detailed hereunder, namely.
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Sl. No.
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Extent
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Assessment Boundaries
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in acres
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Rs.
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And,
whereas, the Tahsildar/Special Tahsildar for Land Reforms.........Taluk has
determined under Section 78 of the Act, the purchase price payable by the
grantee of the above said lands.
And,
whereas, the said grantee Sri..........has paid into Government Treasury on
............................ the purchase price in full of Rs. ..........the
first instalment of purchase viz., Rs. ......... .....due in respect of the
lands aforesaid.
Now,
therefore, the Tahsildar/Special Tahsildar for Land Reforms .........Taluk
hereby grants subject to cancellation or modification an appeal revision under
the provisions of the Karnataka Land Reforms Act, 1961 the title-deed to
Sri.........in respect of the said lands. The title-deed is granted subject to
the provision hereinafter mentioned and subject also to the regular payment of
Land Revenue assessment on the land as fixed under the rules or the time being
in force. The title-deed is also subject to the provisions of the Karnataka
Land Reforms Act and Rules as they stand now and as they may be amended from
time to time:
(1)
Provided that this assessment shall be
paid for each revenue year as per rules, prescribed in this behalf, from time
to time under the provisions of the Karnataka Land Revenue Act, 1964 failing
which it will be recoverable by coercive process in the manner prescribed by
the Karnataka Land Revenue Act, and Rules framed thereunder:
(2)
Provided also that this title-deed in
no way affects the liability of the above said land to such rates, taxes and
cessess other than land revenue as are or as may be imposed by law, whether for
general, municipal or other local purpose:
(3)
Provided also that the abovesaid
granter or other lawful owner or the said land shall at all times hereafter at
his own expense maintain, in good order, the restored major and minor tanks of
the village with respect to which the customary obligation to maintain is
imposed on the said grantee or other lawful owner of the said survey number and
shall put up repair and maintain in good order the boundary marks around and in
the said land failing which it shall be lawful for the State Government after
due notice to cause the maintenance of work of the said tank insofar as his
liability in this behalf extends and the repair of the said boundary marks to
be carried extends and the repair of the said boundary marks to be carried out
and to recover the cost of such maintenance work and such repair as a revenue
demand from the said grantee or other lawful owner:
(4)
Provided also that nothing in the
title-deed contained shall affect the existing easementary, or customary rights
of the Government or of proprietors of land adjoining of levying near the said
land or of the villagers in common in all existing road and paths and in
streams of water running through or bounding the said land:
(5)
Provided also that title-deed shall in
no way be considered to grant to or in any way vest in the said grantee any
right, title or interest in or to precious stones, gold and other minerals or
coal or stone or rock containing or supposed to contain precious stones gold or
other minerals or coal know to exist to which may at any time hereafter he
discovered on or under the said land or any part thereof all of which are
hereby respectively reserved to the State Government subject to the conditions
now in force at which may be prescribed in this behalf from time to time and
subject to the conditions that the said occupant shall always are allowed to
use fee of charge any limestone, granite and or tinary minerals other than
metals or precious stories which may be found on or under the said land and
which may be applied to the bona fide private use of the said occupant and not
removed for purpose of sale:
(6)
Provided also that the title-deed
shall not be considered in any way to grant to or rest in the said grantee the
rights to sandal trees which are hereby reserved to the State Government except
insofar as the rules that are or may be framed in the matter of the grant of bonuses
for such trees may permit:
(7)
Provided also that the grant shall be
subject further generally to the provisions of the Karnataka Land Reforms Act,
1964 and the rules made, thereunder or any other law for the time being in
force:
(8)
Provided also that the grantee shall
cultivate the land personally, and the land shall not be appropriated for any
purpose other than agriculture and the grantee shall before the completion of
the first agricultural season after the date of taking possession of the said
land, plant not less than five fruit bearing trees per acre and thereafter
maintain the said trees:
(9)
Provided also that the land which has
been granted shall not within 15 years from the date of grant, be transferred
by sale, gift, exchange mortgage, lease or assignment but the land may be
partitioned among members of the grantee's joint family subject to the
condition that to fragment shall be created by any such partition. Any transfer
or partition of land in contravention of Land Reforms Law will be invalid. It
shall be lawful for the grantee or his successor-in-title to take a loan and
mortgage or create a charge on his interest in the land in favour of the State
Government, a Co-operative Land Development Bank, a financial institutions on a
Co-operative Society on a Company as defined in Section 3 of the Companies Act,
1956 in which not less than fifty one per cent of the paid up share capital is
held by the State Government a/or Corporation owned or controlled by the
Central Government or the State Government or both for development of land or
improvement of agricultural practices; and without prejudice to any other
remedy provided by any law, in the event of his making default in payment of
such loan in accordance with the terms and conditions on which such loan was
granted it shall be lawful to cause his interest in the land to be attached and
sold and the proceeds to be utilised in the payment of such loan:
(10)
Provided that the grantee shall
undertake Soil Conservation measure as directed by the Soil Conservation
Offices:
(11)
Provided that the grantee shall be
entitled to the benefits of easementary or customary rights in the land, if
any:
(12)
Provided that the grant is liable to
be cancelled and the land resumed by the authority which granted it, where the
grant has been obtained by making false or fraudulent representation or for
contravention of any of the above conditions or the rules:
Provided
that no such cancellation shall be made without the grantee being given an
opportunity of being heard.
Dated
this.............day of.........19. . .
Tahsildar/Special
Tahsildar.
Rule - 8. Substitution of new forms for Forms 11-B, 11-C and 16 to 21.
For
Forms 11-B, 11-C and 16 to 21 of the said rules, the following forms shall be
substituted, namely.
"FORM 11-B
[See Rule 26(2)]
Form of application for grant of surplus land
To
The
Secretary,
Land
Tribunal,
Taluk
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1.
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Name and age of the applicant
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2.
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Full address
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3.
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Place of residence (Name of village)
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4.
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Present profession and average annual income from all sources including
that of the family members
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5.
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Number of members of family with age and relationship
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6.
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Whether the applicant is.
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(a) Dispossessed tenant who is not registered as occupant
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(b) Displaced tenant having no land
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(c) Landless agricultural labourer
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(d) Landless person including ex-military personnel whose gross annual
income does not exceed rupees two thousand
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(e) Released bonded labourer
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(f) Other person residing in any village in the same Panchayat and
whose gross annual income does not exceed rupees two thousand
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7.
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The extent of land, if any, already owned by the applicant or his/her
family if he/she is a member of a joint family
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8.
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The particulars of the land applied for
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9.
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Whether the applicant belongs to a Scheduled Caste or a Scheduled Tribe
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10.
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Whether the applicant has been granted any land previously in Darkhast
and if so, particulars of such lands
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Place:
Date:
Yours
faithfully,
Signature
of the Applicant.
Note.
If the information given above, is found to be incomplete or incorrect, the
applicant is liable to conviction and levy of penalties as provided under Section
125 of the Act. The application shall be presented to the Tahsildar/special
Tahsildar of the Taluk who is the Secretary of the Tribunal.
FORM 11-C
[See Rule 26(4)]
Register of Applications for grant of surplus lands in the
Taluk of ..........................
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Sl. No.
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Date of receipt of application
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Name of the applicant and residence
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Particulars of land applied for
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Village
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Sy.No./Sub-Dn. No.
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Description
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Extent
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Assessment
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1
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2
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3
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4
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4
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4
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4
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4
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(a)
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(b)
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(c)
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(d)
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(e)
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Whether the applicant is a
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Dispossessed tenant who is not registered as occupant
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Displaced tenant having no land
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Landless agricultural labourer
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Landless person or Ex-Military person whose gross annual income does
not exceed rupees two thousand
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Released bonded labourer
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Other person residing in any village in the same Panchayat and whose
gross annual income does not exceed Rs. two thousand
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5
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5
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5
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5
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5
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5
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(a)
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(b)
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(c)
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(d)
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(e)
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(f)
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(a)
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(b)
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(c)
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(d)
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(e)
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Village
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Sy. No./Sub-Dn. No.
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Description
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Extent
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Assessment
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Full particulars of land already held by the applicant
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Whether the applicant belongs to SC/ST
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6
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7
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(a)
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(b)
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(c)
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(d)
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(e)
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Village
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Sy. No./Sub-Dn. No.
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Description
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Extent
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Assessment
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Extent of surplus land granted with full description
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Purchase price payable for the surplus land
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Remarks
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8
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9
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10
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FORM 16
[See Rule 44]
Form of Register
(Premium recoverable under Section 48-A from the tenants)
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Sl. No.
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Name and father's name of the person registered as an occupant
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Residential address of the person registered as an occupant
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Particulars of land occupancy rights of which have been registered
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Number and date of order of the Tribunal
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3.
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4.
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5.
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6.
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7.
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8.
Recoveries
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No. of instalment
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Annual instalment fixed
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Amount of Annual instalment paid
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Principal
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Interest
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Total
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Principal
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Interest
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Total
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Name of the Treasury
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Challan No. and date
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1
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2(a)
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2(b)
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2(c)
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3(a)
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3(b)
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3(c)
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3(d)
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3(e)
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20
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FORM 17
[See Rule 44(2)]
Register of surplus land surrendered to Government
Office
of the Tahsildar:
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Sl. No.
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Name and address of persons filing declaration of holding under Section
66 or under Section 69
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Extent of land held by such person
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Class of land to be specified
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Extent of land surrendered to Government under Section 68 under orders
of the Tribunal
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Village
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S.No.
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P.H.S. No.
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Extent
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Assessment
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Boundaries
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Sl. No.
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P.H. No.
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Extent
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Assessment
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Boundaries
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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FORM 18
Register of surplus lands under Section 77 occupants
thereof and amount payable for surplus land Office of the Tahsildar
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Sl. No.
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Name and address of land owner, tenant or mortgagee
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Extent of land surrendered to Government by such person under Section
67
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment
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Boundaries
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment
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Boundaries
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(1)
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(2)
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(3)
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Extent of land vested in Government under Sections 68, 70, 71, 79-A and
79-B
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Amount payable under Section 71
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Remarks-
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment
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Boundaries
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(4)
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(5)
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(6)
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FORM 19
[See Rule 44(4)]
Register of purchase price of surplus lands
Office
of the Tahsildar
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Name and address of person to whom the land is granted
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Extent of land granted under Section 77
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Purchase price of land
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Mode of payment of purchase price
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Amount paid
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Amount to be paid
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Remarks
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment
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Boundaries
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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FORM 20
[See Rule 44(5)]
Register of surplus lands managed by Tahsildar
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Office of the Tahsildar
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Extent of surplus land to be managed by Tahsildar
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Extent of land leased out
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment Boundaries
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment Boundaries
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(1)
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(2)
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Extent of land directly cultivated/Managed
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Extent of surplus land left uncultivated and period for which it so
remained
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Village
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Sy. No.
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Sub-Dn. No.
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Extent
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Assessment
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Boundaries
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Village
|
Sy. No.
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Sub-Dn. No.
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Extent
|
Assessment
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Boundaries
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Remarks
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(3)
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(4)
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(5)
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FORM 21
[See Rule 45]
Register of appeals Karnataka Appellate Tribunal
|
Date of Institution
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Number of appeal
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Name and description of appellant
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Name and description of respondent
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Order appealed from what Court
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Number of original proceedings
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Nature of original proceedings
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Date fixed for hearing
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Final order and date
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Original order confirmed, reversed or modified
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Costs
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(12)
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