Is temporary suguvali chit issued for coffee cultivation

Mohandas Gowda (Querist) 23 April 2020 This query is : Resolved
hi,

Should Revenue department collect present market price to issue permanent Saguvali Chit for the land which has Temporary Suguvali grant issued for coffee cultivation by DC.

we had got Land grant for coffee cultivation under Temporary Saguvali grant in 1983 as our Grand Father was Freedom Fighter. the Temporary Saguvali Chit was issued with certain Conditions and we had met all the conditions but the Permanent Saguvali Chit was not issued to us. now after constant follow up revenue department is referring to RD 4 LGP 98 dated 16-01-1998 order and mentioning we have to pay current Market value of the property to get Permanent Saguvali Chit.

we have already paid the upset price fixed in 1983 and met all the conditions as per temporary Saguvali Chit dont know why we have to the marker value to get the Permanent Saguvali Chit.

please guide

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Raj Kumar Makkad (Expert) 23 April 2020
In your case, the conditions mentioned in the TempIn your case the,orary Saguvali Chit are required t be gone through along-with the Revenue Department notification 4 LGP dated 16.01.1998 so it shal be better to obtain the services of a local prudent lawyer dealing in the revenue matters.

Dr J C Vashista (Expert) 24 April 2020
Show the document to a local lawyer for appreciation and guidance

Rajendra K Goyal (Expert) 24 April 2020
The Suguvali Chit is Certificate of grant of Government Land.
This is issued under rule 29 of Karnataka Land grant rules to eligible persons for cultivation.
This establishes the title of the person named in the Saguvali Chit to the land granted.

Whether the allotment / chit was issued under some Government scheme for weaker section?

Local land laws applicable in the case of Suguvali Chit, please discuss in detail with local lawyer.

P. Venu (Expert) 24 April 2020
Was the land given to barren/waste devoid of coffee or any other cultivation? Have you appropriated the entire assigned land under the proposed cultivation?

Mohandas Gowda (Querist) 24 April 2020
yes, the property was granted under freedom fighter Quota. the property was issued for coffee cultivation and we have cultivated and submitted the document for the same.

Raj Kumar Makkad (Expert) 24 April 2020
After submission of all relevant facts on your side, it is again suggested to you to go through the terms of the revenue department either directly or through your local lawyer and move ahead.

Rajendra K Goyal (Expert) 25 April 2020
From the given facts allotment / chit without any consideration seem difficult.

Chit without any consideration can be issued provided terms of the scheme permit so.

Temporary chit may be issued without consideration under some schemes, for permanent, consideration has to be paid till specifically spared / mentioned in the scheme otherwise..

P. Venu (Expert) 25 April 2020
Is it that the temporary chit was issued or that you were just put in possession?

If the chit had been issued, there any such condition specified (as to payment of market value) in the said temporary chit?

Raj Kumar Makkad (Expert) 25 April 2020
Possession is not disputed as the family of the author was cultiating the land since the allotment. Now question is whether they are liable to pay the cost at the market rate or prevailing at the time of the allotment and its decision can be made only by going through the relevant rules mentioned in the circular.

Mohandas Gowda (Querist) 25 April 2020
the rate fixed when temporary saguvali chit was issued is been paid but now revenue department is asking us to pay current market value as permanent saguvali chit was not taken by us. we have requested revenue department multiple times to issue permanent saguvali chit and they have not issued.

the grant was under freedom fighter Quota but still they are delaying in issuing permanent saguvali chit

Raj Kumar Makkad (Expert) 26 April 2020
You might have deposited the rates of the land when the temporary allotment under Freedom Fighter quota was made in the name of your grand-father but now you to get the allotment permanent so Revenue Department notification 4 LGP dated 16.01.1998 which mentions the terms and conditions for the conversion of temporary allotment to permanent have to be gone through which is not practical for us. As already advised, contact with the local lawyer of your area dealing in the land revenue matters.

P. Venu (Expert) 26 April 2020
The author is overemphasizing that the land was allotted under Freedom Fighters quota. I am afraid, that aspect is no longer relevant. You are once again requested to provide the following information:

- What was the condition of the land when your grandfather was put in possession - was it barren devoid of cultivation or any other productive use?

- What were the conditions in the temporary grant - did it include the stipulation that market value needs to remitted for the grant of permanent chit?

-Was the Order dated 16.1.1998 specific to your case or has it been a general order?

Kindly make it convenient to post an English translation of the said Order.

Rajendra K Goyal (Expert) 26 April 2020
Full facts / related information is required for further advice or can contact local lawyer who is well aware of local law / related rules.

Raj Kumar Makkad (Expert) 26 April 2020
Despite of the facts put forth by the author, the relevant documents mentioned in his query are required to be gone through which can be done by local lawyer only.