YEDDULA RAMANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Land bearing Sy. No. 17 of Nagarajahosahalli village, Munganahalli Hobli, Chintamani Taluk is Government land. On an application made by the petitioner who is now dead and is represented by his legal representatives, the Tahsildar, Chintamani Taluk by his order dt. 8-2-1967 (Ex.-A) accorded him temporary permission to plant trees on the said land. The order made by the Tahsildar reads thus: <IMG>JUDGEMENT_463_KANTLJ1_1984Image1.jpg</IMG>

(2.) In pursuance of this order, the petitioner planted several trees on the land which now turns out to measure 3 acres 27 guntas. 2. In due course the Dy Commissioner, Kolar (hereinafter referred to as the DC) by his order No. MSC. CR. 12376-77 dt. 27-4-1977 (Ex.-C) ratified the action of the Tahsildar and accorded his permission for the trees already planted to the petitioner and the trees if any to be planted by him on the terms and conditions stipulated in that order. On the basis of this order of the DC, the Tahsildar issued a notice on 12-5-1977 to the petitioner calling upon him to pay a sum of Rs.1870 as ground rent on the trees planted thereto.

(3.) Against this order of the DC, the petitioner filed an appeal before the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as the Tribunal) in Appeal No. 366 of 1977 LR confining his challenge only to the imposition of ground rent made in that order. On 19-7-1978 the Tribunal has dismissed the appeal and has affirmed the order of the DC and the consequent demand notice issued by the Tahsildar (Ex-D).