LAWS(KAR)-2022-11-427

A. D. HARISH Vs. STATE OF KARNATAKA

Decided On November 15, 2022
A. D. Harish Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court for assailing the Deputy Commissioner's order dtd. 7/9/2017 whereby their appeal against the Committee Resolution dtd. 28/1/2003 has been dismissed. Learned counsel for the Petitioner vehemently argues that his client is holding only 20 Guntas of land and therefore, the ground that he is holding excess land is already unsustainable, that being the position, the impugned order is liable to be set at naught.

(2.) Learned AGA appearing for the official Respondents opposes the petition drawing attention of court to the Ledger Ya Katha Extract dtd. 16/12/2019 wherein Petitioner and his family members are stated to be holding 7 Acres and 4 Guntas of land in all which is in excess of the ceiling limit specified under Sec. 94A of the Karnataka Land Revenue Act, 1964. He also highlights page No.10 of the Petition i.e., second page of Petitioner's application in Form 53 wherein he has not disclosed any land holding in coloumn No.11 thereof. That being the position, the petition should be dismissed with costs, says he.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter broadly agreeing with the submission made on behalf of the official Respondents. The application in Form 53 is the prescription of law and requirement of every coloumn therein needs to be filled up scrupulously and sincerely.