STATE THROUGH LOKAYUKTA POLICE, RAICHUR versus C. N. MANJUNATH

Citation: [2016] 11 S.C.R. 805 · Decided: 22-11-2016 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off
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Judgment (excerpt)

[2016] 11 S.C.R. 805 
STATE THROUGH LOKAYUKTA POLICE, RAICHUR 
A 
v. 
C. N. MANJUNATH 
(Criminal Appeal No. 1140 of 2016) 
NOVEMBER 22, 2016 
[A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.] 
B 
Prevention of Corruption Act, 1988: s.2(c) - Public servant-
Whether the respondent who was appointed as licenced surveyor 
u!s.18A of the Karnataka Land Revenue Act, 1964, would be treated 
C 
as "public servant" for the purposes of Prevention of Corruption 
Act, 1988 - Held: The licensed surveyors are different from those 
private surveyors who have no license from the State Government -
Survey report prepared by these persons is duly acted upon, on the 
basis of which Government functionaries take further action - Thus, 
D 
statutory work of preparing survey sketches is bestowed upon these 
licensed surveyors and thus, they are performing statutory duty/ 
public functions. 
Disposing of the appeals, the Court 
HELD: Once the nature of performance of duties gets 
E 
crystallized, no doubt remains that these licensed surveyors would·. 
come within the ambit of Section 2(c) of the Prevention of 
Corruption Act. 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 surveyorli are bound by the terms 
F 
of their c,ffice as licensed surveyors, viz., the terms on. which 
they are given license by the Government. [Paras 9, 10] (810-F-
G; 811-C] 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 1140of2016. 
G 
From the Judgment and Order dated 23 .05.2011 of the High Court 
ofKamataka, Circuit Bench at Gulbarga in Criminal Petition No. 15283 
of2011 
· 
WITH 
Criminal Appeal Nos. 89 and 113-114of2017. 
805 
H 
806 
SUPREME COURT REPORTS 
r20J6] I I S.C.R. 
A 
Nagmohan Das, Sr. Adv., Ms. Anitha Shenoy, T. V. Ratnam, 
Shashibhushan P. Adgaonkar, Ms. Pradnya S. Adgaonkar, Ms. Priya 
Aristotle, Ms. K. Priyadarshini, J. Aristotle S., V. N. Raghupathy, Lagnesh 
Mishra, Parikshit P. Angadi, Advs. with him, for the appearing parties. 
The Judgment of the Court was delivered by 
B 
A. K. SIKRI, J. I . Leave granted. 
2. The issue involved in these appeals is as to whether the 
respondent who was appointed as licenced surveyor under Section I 8A 
of the Karnataka Land Revenue Act, 1964, (hereinafter referred to as 
c 'Act') would be treated as "public servant" for the purposes of Prevention 
of Corruption Act, 1988. There was a difference ofopinion expressed 
by the different Benches of the High Court and, therefore, the matter 
was referred to the larger Bench. The Division Bench vi de its judgment 
dated 29'11 November,2011 in Criminal Petition No. I 0853of2011 resolved 
D 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, I 988. The material portion of the said judgment reads 
as under: -
"For considering the aforementioned issue referred to us, it is 
E 
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: 
F 
G 
H 
"18-A. Appointment of Licensed Surveyors: -
(I) 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 13 I, 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. 14of1999 
STATE THROUGH LOKAYUKTA POLICE, RAICHUR v. C. N. 
MANJUNATH [A. K.SIKRI, J.] 
with effect from 30111 April, 1999. The object of the said 
amendment is as under: 
Amending Act 14of1999- 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 inse11ing a new section to Karnataka L
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