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'REPORTABLE' IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1140 OF 2016

(Arising out of SLP (Criminal) No. 3584 of 2012)

STATE THROUGH LOKAYUKTA POLICE, RAICHUR        ... Appellant VERSUS

C. N. MANJUNATH                                ... Respondent

WITH

CRIMINAL APPEAL NO. 89 OF 2017 (Arising out of SLP (Criminal) No. 8162 of 2015

CRIMINAL APPEAL NOS. 113-114 OF 2017 (Arising out of SLP (Criminal) Nos. 6191-6192 of 2012)

J U D G M E N T A. K. SIKRI, J.

Leave granted.

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 purposes of Prevention of Corruption Act, 1988.  There was a difference of opinion expressed by the different Benches of the High Court and, therefore, the

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matter was referred to the larger Bench.  The Division Bench vide  its  judgment  dated  29th November,  2011  in  Criminal Petition No. 10853 of 2011 resolved the issue by holding that such  a  licenced  surveyor  would  be  treated  as  a  'public servant' as defined under Section 2(c) of the Prevention of Corruption  Act,  1988.   The  material  portion  of  the  said judgment reads as under: -

“For considering the aforementioned issue referred to us,  it  is  necessary  to  refer  to  certain  of  the provisions  of  the  Karnataka  Land  Revenue  Act  and Karnataka Land Revenue Rules framed thereunder as also the Prevention of Corruption Act.  Section 18-A of the Karnataka Land Revenue Act, 1964 reads thus:

“18-A.  Appointment of Licensed Surveyors: - (1) The Director of Survey Settlement and Land Records  may,  for  the  purposes  of  the  third proviso  to  Section  128  and  of  clause  (c)  of Section 131, issued with the prior approval of the  State  Government  and  subject  to  such conditions and restrictions and in such manner as may  be  prescribed,  a  licence  to  any  person (hereinafter  referred  to  as  the  “Licensed Surveyor”)  possessing  the  prescribed qualifications and experience. (2) The fee payable to a Licensed Surveyor shall be as may be prescribed”

2(a). Section 18-A is inserted by Amendment Act No. 14 of 1999 with effect from 30th April, 1999.  The object of 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.

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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, that  is  part  of  a  survey  or  sub-number,  to  get  a sketch of the said property prepared by a Licensed surveyor.

Hence the Bill.” From the above, it is clear that in order to

clear the pending phody cases of about 3 lakhs with regard to measurement, survey sketch, change of survey numbers etc., licensed surveyors possessing requisite qualification  and  experience  are  appointed.   The licensed  surveyors  are  required  to  perform  the statutory  duty  of  preparing  survey  sketches  of  the properties for the purposes of effecting the changes in the revenue records maintained for public purposes. Section 18A(1), further makes it clear that licensed surveyors  are  appointed  for  the  purposes  of  third proviso to Section 128 and of clause (c) of Section 131 of the Karnataka Land Revenue Act, 1964.  Section 18-A(2) mandates that the prescribed fee shall paid to the licensed surveyors.”

The  High  Court  also  took  into  consideration  the provisions  of  Section  128  and  131  of  the  Karnataka  Land Revenue Act and distilled the legal position in the following manner:  

“2(d) Combined reading of Sections 128 and 131 of the Karnataka Land Revenue Act makes it amply clear that statutory  duty  of  preparing  survey  sketches  is assigned to the licensed surveyors.  Prior to coming into force of Sec. 18-A of Karnataka Land Revenue Act (relating  to  licensed  surveyors),  the  very  work  of preparing survey sketches was being performed by the surveyors of the survey department appointed by the State Government.  The 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

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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  for  three  months  and pass  such  examination  conducted  by  the  Survey Settlement  Training  Institute  of  Mysore  (by  the Government)  once  in  a  year,  as  may  be  notified. License shall be issued by the Director of Survey, Settlement and Land Records, Bangalore under Rule 46-C to  the  successful  candidates  in  the  examination conducted by the aforementioned institute on payment of fee of Rs.1,000/- for a period of one year subject to renewal every year.  The register of the licensed surveyors is maintained under Rule 46-D of the Rules by the Director of Survey Settlement and Land Records. Rule 46-E prescribes the fee of Rs.300/- to be paid to licensed  surveyors  for  preparing  the  sketch  in accordance with Sections 129 and 131 of Karnataka Land Reforms  Act.   The  jurisdiction  of  the  licensed surveyors also shall be specified in the license as per Rule 46-F of the Rules.  Rule 46-G, 46-H, 46-I and 46-J of the Rules 1966, prescribe the particulars to be contained in the survey sketch, work specification, scrutiny  of  the  records  given  by  the  licensed surveyors and post registration work in Taluk Survey Office etc., Rule 46-K of the Rules, 1966 specifies that  the  license  issued  to  the  licensed  surveyors under Rule 46-A of the Rules shall be cancelled if the licensed surveyors contravene any of the provisions of the Act or the Rules after giving an opportunity of being heard to them”

Against the aforesaid judgment of the Division Bench of the High Court, Criminal Appeal Nos. 113-114 of 2017 (arising out of SLP (Criminal) Nos. 6191-6192 of 2012), have been filed.

For the purpose of deciding these appeals, we take note of the facts from Criminal Appeal No. 1140 of 2016 (arising

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out of SLP (Criminal) No. 3584 of 2012).

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.   

After hearing learned counsel appearing for both the parties, we are of the opinion that such a licensed surveyor is to be treated as public servant.  For this purpose, we are entirely in agreement with the view taken by the Division Bench as extracted above.  We may mention 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  dated  29th November,  2011  as  noted  above, 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 State Government.  As these Government surveyors were over-burdened

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with the work, Karnataka Land Revenue Act was amended by inserting Section 18A therein and the work was assigned to these licensed surveyors.  All the activities of the licensed surveyors relating to discharging of statutory duties are controlled by the Survey Department of the State Government. The High Court has observed as under:

“...As  aforementioned,  qualification,  experience  and age  for  obtaining  license  as  a  licensed  surveyors, training to be undertaken by the licensed surveyors for getting the license; getting through the examination conducted by Survey Settlement Training Institute of Mysore every year; prescribing the fees 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.”

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  unambiguously  leads  to  the conclusion that these licensed surveyors are different from those private surveyors who have no license from the State Government.  Once survey report is prepared by these persons, the same is duly acted upon, on the basis of which Government functionaries take further action.  It is, thus, statutory

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work  of  preparing  survey  sketches  which  is  bestowed  upon these  licensed  surveyors  and  thus,  they  are  performing statutory duty / public functions.

Once  the  nature  of  performance  of  duties  gets crystallized, no doubt remains that these licensed surveyors would come within the ambit of Section 2(c) of the Prevention of  Corruption  Act  and  particularly  clause  (i)  and  (viii) thereof, which defines public servant to mean:

“Section 2(c) “(i) any  person  in  the  service  or  pay  of  the Government or remunerated by the Government by fees or commission for the performance of any public duty;

x x x x x (viii) any person who holds an office by virtue of which  he  is  authorized  or  required  to  perform  any public duty.”

We  would  also  like  to  refer  to  the  definition  of 'public duty' as contained in Section 2(b) of the Prevention of Corruption Act, which reads as under: -

“'public duty' means a duty in the discharge of which the State, the public or the community at large has an interest.”

Obviously, in the duties that are to be discharged by these public surveyors, the State or the public has interest therein.  It is more so, when these  public surveyors are bound by the terms of their office as licensed surveyors, viz.,  the  terms  on  which  they  are  given  license  by  the

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Government.

As a result, Criminal Appeal No.89 of 2017 and Criminal Appeal Nos. 113-114 of 2017 are dismissed and Criminal Appeal No. 1140 of 2016 is allowed.

........................, J. [ A.K. SIKRI ]

........................, J. [ ABHAY MANOHAR SAPRE ]

New Delhi; November 22, 2016.

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