A PULLIAH Vs. TAHSILDAR SINDHANOOR

JUDGEMENT

(1.) The petitioners are agriculturists. They are called upon to pay the penalty levied under S. 32(4) of the Karnataka Irrigation Act for the unauthorised use of water from an irrigation source. The penalty amount is sought to be recovered as arrears of land revenue.

(2.) In these petitions, the petitioners have challenged the recovery proceedings on the ground, among others, that there was no notice served on them before the penalty orders were made and they were not treated as defaulters before the recovery proceedings were initiated.

(3.) The respondents have not filed the return, but they have made available the relevant records to the Court. The concerned Irrigation Officers are also present to assist the Court in the proper determination of the question raised.