KRISHNA CHANDRU PUJAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed against the order passed by the third respondent in case No. RB/ULC/AP/4-83-84, dated 20-5-1986 confirming the order passed by the second respondent dated 15-3-1983.

(2.) According to the petitioner, his family consists of three major sons and three major daughters and petitioner's family including minor children is 25 members. The properties of the petitioner's family is agricultural lands and the entire family's source of livelihood is from agricultural lands. Petitioners filed a declaration as required under the Urban Land (Ceiling & Regulation) Act, 1976 declaring his holding that the holdings of the petitioners are all agricultural lands bearing Sy. Nos. 56/2 and 71/1 situated at Madhavapura. The second respondent, according to the petitioner, without holding a proper enquiry required under the Act has held 24981.43 sq. metres in excess of the ceiling limit of Sy. Nos. 56/2 and 71/1. Petitioner submits that both the Sy. Nos. are agricultural lands and are situated outside the ODP plan.

(3.) It appears to me that the Appellate Authority has not considered whether the lands in question are agricultural lands or not for giving exemption. It is admitted that the lands in question is marked as agricultural lands as per Annexures-C and E. It has held that they are not agricultural lands merely because he says the records show that grass is grown in the agricultural lands. However, the Revenue Inspector's report shows that these are agricultural lands. The Appellate Authority has further held that agriculture does not include raising of grass.