SHARANAPPASWAMY GOWDA H Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is by the appellant who was the petitioner and is directed against the order dt. 2-9-1974 of venkataramaiah, J. (as he then was) dis posing of his W.P. No. 793 of 1973 which is since reported as 1975 (1) Karnataka Law Journal 208.

(2.) Among others, the appellant who is now dead and is represented by his legal representatives was the owner of lands bearing Sy. Nos. 2, 3, 5, 14, 15, 16, 17, 18, 19, 20, 24, 25 and 86 of K. Hunasavalli Village, Kerehalli Hobli, Hosanagar Taluk, Shiinoga District classified as wet or garden as the case may ' be. On the said lands land revenue assessment was levied and collected under the Mysore Land Revenue Code, 1888 (Mysore Act IV of 1888) ('the Code') till that code was in force in the old Mysore area. Land Revenue fixed for the lands under the code also included the water rate payable to Government for supply oi water from an irrigation work maintained by Government.

(3.) The uniform Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 (Karnataka Act 28 of 1957 ('the Act') enacted by the new State to regulate the levy of betterment contribution and water rate in the State, came into force on 31-10-1957 replacing the corresponding provisions in the Code and other laws that were in force in the other integrating areas Of the State.