A F COLASO Vs. STATE OF MYSORE

JUDGEMENT

(1.) A. F. Colaso-the petitioner-is a coffee planter in Chikmagalur District Adjacent to his plantations, there lies certain Government waste land. The petitioner has encroached a part of it. To penalise the petitioner, the Tahsildar initiated proceedings under S.94 of the Mysore Land Revenue Act, 1964 (hereinafter Called 'the Act').

(2.) The Tahsildar on enquiry held that the petitioner has encroached 34 acres and 6 guntas of Government land. He has levied coffee assessment with cess and a fine of Rs.25 for 1963-64. He levied double the coffee assessment with cess and a fine of Rs.100 per acre for the years 1964-65 to 1968-69. The petitioner challenged the said order in a revision petition before the Mysore Revenue Appellate Tribunal. The Tribunal found that the petitioner has encroached only 10 acres 27 guntas and not 34 acres 6 guntas. On that basis it modified the order of Tahsildar, affirming the rates at which the assessment made and fine levied by Tahsildar.

(3.) Aggrieved by the order, the petitioner has preferred this writ petition under Article 227.