NINGAFPA UDACHAPPA HOLALAFUR Vs. TAHSILDAR SHIRATTI

JUDGEMENT

(1.) The petitioner was stated to have been unauthorisedly cultivating the deserted goathana area of Ballur Village to the extent of 4 acres for a period of two years from 1966-67. The Tahsildar initiated proceedings in exercise of his powers delegated to him under S.94 of the Land Revenue Act, 1964 for levying penalty. He made an order levying a fine of Rs.2000 per year at the rate of Rs.500 per acre. Against the said order, the petitioner appealed before the Assistant Commissioner, Savanur, who said that the appeal does not lie before him but lies before the Mysore Revenue Appellate Tribunal. The petitioner, accordingly, appealed to the Tribunal. The Tribunal, by the order impugned in this writ petition, has held that S.94(2) of the Mysore Land Revenue Act, is a bar to entertain the appeal. Accordingly, it dismissed the appeal.

(2.) The sole question for consideration is whether the appeal preferred by the petitioner to the Tribunal was barred by sub-sec. (2) of S.94 of the Act. The said sub-section provides:

(3.) We have perused the appeal memo and also the other records and we are satisfied that the question before the Tribunal was not the question regarding only the amount of compensation and fine payable by the petitioner. He also disputes his encroachement. In that view, the appeal preferred before the Tribunal was maintainable and it will have to be heard on merits.