MAHANTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri Patel D. Karcgowda, learned Government Pleader, is directed to take notice for the respondents.

(2.) In the declaration furnished under Section 66 of the Karnataka Land Reforms Act, 1961, by the petitioner, though the petitioner had described an extent of 6 acres 3 guntas of land as belonging to the classification of pot kharab (unarable land), the tribunal has not applied its mind or given due consideration to the assertion of the petitioner and has declared an extent of 6 acres 3 guntas of land as an extent held in excess of the ceiling area. Therefore, the petitioner is aggrieved.

(3.) According to Rule 21(2) of the Karnataka Land Revenue Rules, 1966, it isprovided "during the process of classification, land included as Unarable shall be treated as 'pot kharab'. Pot kharab lands may be classified as follows: (a) That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing floors of the holder; (b) That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised footpath or by a tank or stream used by persons other than the holders for irrigation, drinking or domestic purposes; (iii) used as burial ground or cremation ground; (iv) assigned for village potteries."