MUNIYALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed by the sole petitioner questioning the validity of the order dated 25-11-1992 passed by the respondent. Tahsildar (Annexure A) by which he has fixed Rs. 12,000/- per acre as the value for the land granted in favour of the petitioner in terms of Section 94-A of the Karnataka Land Revenue Act, 1964 (in short 'The Act').

(2.) According to the petitioner, pursuant to the application filed by him under Section 94-A of the Act, the Land Grant Committee by its order dated 16-11-1992 directed for grant of 1 acre 20 guntas of land in Sy. No. 1 of Halasahalli village, Kasaba Hobli, Hoskote Taluk, Bangalore Rural District, consequent thereupon, the impugned order Annexure A has been passed demanding Rs. 12,000/- per acre by the Tahsildar against the said grant. Learned counsel for the petitioner has assailed the impugned order on the ground that though under Rule 108-C of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as 'The Rules') the amount payable under sub-section (5) of Section 94-A of the Act can be only two hundred times the land revenue payable for the land granted, the Tahsildar for his own reasons has arbitrarily fixed Rs. 12,000/- per acre without first assessing the Land Revenue for the land in question in terms of Rule 108-C. In support of his submission he relied upon a decision of this Court in Muniyappa v State of Karnataka and Others . Sri Kaladgi, learned High Court Government Pleader does not dispute the said legal position.

(3.) The relevant provisions of the Act and the Rules are as follows: