MALLAIAH BASALINGAYYA HIREMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order passed by the Learned Single Judge, in W.P. No. 259/2008, dated: 28.3.2008, is called in question in this appeal. We have heard the Learned Counsel for the parties. The facts leading to this case are as under:

(2.) The appellant was a tenant in respect of 15 acres 11 guntas of land, situate at Sattur Village in Dharwad Taluka, which was an Inam land and the same was granted to him by the Special Land Tribunal, on 7.11.1981, under the provision of Certain Inams Abolition Act, 1977. He was cultivating the land as a tenant. Even after granting the land, as per Annexure-A, by the Land Tribunal, Dharwad, he continued the agricultural operations and is also residing therein.

(3.) It is the case of the appellant that without knowing the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act' for brevity), under a wrong impression and bonafide believing that the provisions of the above said Act would apply to the land granted to him by the Tribunal, filed a declaration under Section 6(1) of the said Act on 11.12.1981. Accordingly, the Deputy Commissioner declared an area measuring 1950.2133 square meters as excess land.