STATE THROUGH LOKAYUKTA POLICE, RAICHURversusC. N. MANJUNATH

                       [2016] 11 S.C.R. 805


     STATE THROUGH LOKAYUKTA POLICE, RAICHUR                           A
                                v.
                      C. N. MANJUNATH
                (Criminal Appeal No. 1140 of 2016)
                                                                       B
                      NOVEMBER 22, 2016
     [A. K. SIKRI AND ABHAY MANOHAR SAPRE, JJ.]
      Prevention of Corruption Act, 1988: s.2(c) - Public servant-
Whether the respondent who was appointed as licenced surveyor
u!s.18A ofthe 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 ofwhich Government functionaries take further action - Thus,     D
statutory work ofpreparing 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 ofthe High Court
ofKamataka, Circuit Bench at Gulbarga in Criminal Petition No. 15283
of2011                                                          ·
      WITH
      Criminal Appeal Nos. 89 and 113-114of2017.                       H
                               805
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:
                "18-A. Appointment of Licensed Surveyors: -
 F              (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
 G              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
 H
 STATE THROUGH LOKAYUKTA POLICE, RAICHUR v. C. N.                            807
            MANJUNATH [A. K.SIKRI, J.]

       with effect from 30111 April, 1999. The object of the said             A
       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    B
         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 Land
         RevenueAct, 1964.                                                    c
                It is also proposed, by amending Section 128 and 131 of
         the said Act, to make it obligatory for any person repo11ing
         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           D
         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                  E
         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      F
         revenue records maintained for public purposes. Section
         I 8A(I ), further makes it clear that licensed surveyors are
         appointed forthe purposes of third proviso to Section 128 and
         of clause (c) of Section 131 of the Karnataka Land Revenue
         Act, 1964. Section l 8-A(2) mandates that the prescribed fee
                                                                              G
         shall paid to the licensed surveyors."
       3. The High Court also took into consideration the provisions of
Section 128 and 131 of the Kamataka Land Revenue Act and distilled
the legal position in the following manner:
       "2(d)CombinedreadingofSections 128and 131 oftheKamataka                H
808    SUPREME COURT REPORTS                         f20161 11 S.C.R.



A     Land Revenue Act makes it amply clear that statutory duty of
      preparing survey sketches is assigned to the Iicensed 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 perf01med by the surveyors
B     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
c     surveyors. Thus, what is assigned to the licensed surveyors is
      the statutory and official duty ofpreparing survey sketches under
      the provisions ofthe Kamataka Land Revenue Act and the Rules
      framed thereunder.
      2(e) It is also relevant to note that Rule 46-A of the Karnataka
D     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
      compulsorJly undergo training forthree months and pass such
      examination conducted by the Survey Settlement Training Institute
 E    ofMysore (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 offee ofRs. l ,000/- for a period ofone year
      subject to renewal every year. The register of the licensed
 F
      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 ofRs.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
 G    licensed surveyors also shall be specified in the license as per
      Rule 46-F of the Rules. Rule 46-G, 46-H, 46-1and46-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
 H
 STATE THROUGH LOKAYUKTA POLICE, RAICHUR v. C. N.                             809
            MANJUNATH [A. K.SIKRI, J.]

       Office etc., Rule 46-K ofthe Rules, 1966 specifies that the license     A
       issued to the licensed surveyors under Rule 46-A of the Rules
       shall be cancelled ifthe licensed surveyors contravene any of
       the provisions of the Act or the Rules after giving an opportunity
       of being heard to them"
     4. Against the aforesaid judgment of the Division Bench of the            B
High Court, Criminal Appeal Nos. 113-114of2017 (arising out ofSLP
(Criminal) Nos. 6191-6192 of2012), have been filed.
        5. For the purpose of deciding these appeals, we take note of the
facts from Criminal Appeal No. 1140of2016 (arising out ofSLP (Criminal)
No. 3584of2012).
                                                                               c
      6. Insofar as Criminal Appeal No. 1140of2016 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 I 8A ofthe Kamataka Land Revenue             D
Act would be treated as "public servant" for the purposes of Prevention
ofCorruptionAct, 1988.
       7. 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         E
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 29'"
November, 2011 as noted above, holding licensed surveyor to be a public         F
servant under Section 2(c) of the Prevention of Corruption Act. For this
purpose, the High Court, aftertaking 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
                                                                                G
appointed by the State Government. As these Government surveyors
were over-burdened with the work, Karnataka Land Revenue Act was
amended by inserting Section I 8A 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
                                                                                H
810             SUPREME COURT REPORTS                          [2016] I I S.C.R.


A     Department of the State Government. The High Com1 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 1icense; getting through
B             the examination conducted by Survey Settlement Training Institute
              of Mysore every year; prescribing the fees to be paid to the
              license surveyors; cancellation oflicense etc., is done and carried
              out by the State Government. Even the jurisdiction ofthe licensed
              surveyor is specified in the license issued by the State Government.
c             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
D             surveyors." .
              8. 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 I 3 I of the Act. The aforesaid facts and legal position
      unambiguously leads to the conclusion that these licensed surveyors are
E     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 work of preparing
      survey sketches which is bestowed upon these licensed surveyors and
F     thus, they are performing statutory duty I public functions.
             9. 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 ofCorruptionAct and particularly clause
      (i) and (viii) thereof, which defines public servant to mean:
G
              "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
              perfonnance of any public duty;
H                                          xxxxx
 STATE THROUGH LOKAYUKTA POLICE, RAICHUR v. C. N.                                811
            MANJUNATH [A. K.SJKRI, J.]

         (viii) any person who holds an office by virtue of which he is           A
         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: -
                                                                                  B
         "'public duty' means a duty in the discharge of which the State,
         the public or the community at large has an interest."
       10. 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 oftheir office as          c
licensed surveyors, viz., the terms on which they are given license by the
Government.
     11. As a result, Criminal Appeal No.89 of 2017 and Criminal
Appeal Nos. 113-114 of2017 are dismissed and Criminal Appeal No.
1140of2016 is allowed.                                                            D


Devika Gujral                                             Appeals disposed of.