In Civil Appeal Arising out of S.L.P.(C) No. 2652 of 2023 -SC- Lokayukta cannot issue directives for correction of revenue records, rules Supreme Court
Justice Vikram Nath & Justice Rajesh Bindal [30-11-2023]

Read Order: Additional Tahsildar & Another V. Urmila G. & Others

Chahat Varma

New Delhi, December 7, 2023: The Supreme Court has ruled that the Lokayukta/ Upa Lokayukta lacks the jurisdiction to correct revenue records and has set aside the orders of the Kerala High Court and the Kerala Upa Lokayukta, which had directed the Tehsildar, Varkala, to rectify the mistakes in the revenue records and collect tax from the complainant.

The present case involved a complaint filed by Urmila G. with the Lokayukta regarding discrepancies in the revenue record of a piece of land. The complainant had sought corrections in the records and the mutation of the land in the names of the legal heirs of late K. Gopalakrishnan Nair. The Kerala Upa Lokayukta, in an order dated 18.10.2016, had directed the Tehsildar, Varkala, to rectify the mistakes in the revenue records. The order had required compliance within one month, with a report due on 16.11.2016. The appellants, dissatisfied with the order, had filed a Writ Petition in the Kerala High Court, which was subsequently dismissed.

The counsel for the appellants had contended that the order issued by the Upa Lokayukta was devoid of jurisdiction as it had given directives for the correction of revenue records and the collection of taxes, functions specifically designated for statutory authorities under the Kerala Survey and Boundaries Act, 1961. The appellants argued that the Lokayukta did not have authority over the statutory authorities in the hierarchy established by these statutes and that the jurisdiction granted to the Lokayukta was intended solely for addressing issues of maladministration. They asserted that the Upa Lokayukta, without addressing maladministration in the order, had exceeded its jurisdiction by delving into the merits of the matter and issuing directives for the correction of revenue records. Consequently, the appellants sought to set aside both the orders of the High Court and the Upa Lokayukta.

The division bench of Justice Vikram Nath & Justice Rajesh Bindal asserted that regarding the jurisdiction of Lokayukta, a Division Bench of the High Court in Sudha Devi K. v. District Collector [LQ/KerHC/2017/419], had expressed the opinion that under Section 12(1) of the Lok Ayukta Act, 1999, Lok Ayukta was not authorized to issue positive directions. The Lokayukta can solely submit a report to the concerned authority along with its recommendations, possessing recommendatory jurisdiction. The Lokayukta or Upa Lokayukta does not have appellate or supervisory authority over other competent forums established under different statutes, each of which provides its own remedial procedures like appeal, revision, etc.

Thus, in the case in hand, the bench concluded that the direction issued by the Kerala Upa Lokayukta for the correction of revenue records was entirely beyond the jurisdiction of the Lokayukta.

Consequently, the orders of the Kerala High Court and the Kerala Upa Lokayukta were deemed legally unsustainable and were set aside.

Accordingly, the present appeal was allowed.