CHINNAPPA LAKSHMA SETTY Vs. STATE OF MYSORE

JUDGEMENT

(1.) These three writ petitions are heard together because they raise common questions of fact and law. The statement of the case and the formulation of the points are such that a detailed consideration of first of the writ petitions will dispose of all the writ petitions.

(2.) The petitioners impugn an order of the State Goovcmment No. PWD 3 II B 69, dated the 17th April 1969 directing an addition of an extent of 109 acres and 20 gun-tas of land of Rajendrapura village, Kunigal Taluk, Tumkur District within what is described as the authorised achakat under the Deepambhudi tank situated in Huliyurdurga village of the said Taluk.

(3.) The petitioners are among the cultivators owning wet lands irrigated with the water of the said Deepambhudi Tank. Their principal grievance in this case is that the inclusion of this additional area for irrigation with the water of the Deepambhudi tank would result in diminution of adequate supply of their lands. They also contend that the procedure prescribed by the Irrigation Act which governs the situation had not been followed with a view to take the first preliminary decision that the additional supply will not be detrimental to the existing supply. The legal contention is that the impugned order of the State Government is not in accordance with law or is at any rate beyond the scope of the statutory powers of the State Government.