PUTTAVVA KOM MALLAPPA KURUBAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, arising under the provisions of the Karnaiaka Land Reforms Act, 1961, ('the Act' for short), the following question of law arises fur consideration : "Whether the Tahsildar, holding an enquiry under Sec. 47 read with Sec. 488 of the Karnataka Land Reforms Act (the Act for short) for ascertaining the value of a well or other structures of permanent nature constructed by the landlord, on a land in respect of which occupancy right is granted in favour of an individual under Section 48-A of the Act, is under a duty to hold an enquiry after due notice to the parties and recording evidence regarding the value of the well or other structures ?

(2.) The facts and circumstances of the case, in which above question arises for consideration, aie as follow : The petitioner was a tenant lawfully cultivating 7 acres of land together with 1 acre 2 guntas of Pot Kharab, in Chikerur village in Hirekerur taluk, Dharwad district. On 16-8-1 974 he filed an application before the Land Tribunal, Hirekerur, in Form No. 7 read with Section 48-A of the Act claiming occupancy right in respect of the above land. The Tribunal by its ordar dated 11-5-1977 granted the occupancy right. Thereafter, the petitioner remitted the premium amount of Rs. 3,604-00 payable to the erstwhile owner as determined under Section 48-B read with Section 53 of the Act. The certificate of Registration was also thereupon granted in favour of the petitioner in respect of the above fands. In all the revenue records, the name of the petitioner has been entered as the 'owner'.

(3.) Some time later, it appears that the 4th respondent-owner, made an application vide Annexure-A before the Tahsildar, Hirekerur, to the effect that the compensation given to him was meagre and therefore it should be enhanced. Pursuant to the said application, the Tahsildar appears to have asked the Assistant Executive Engineer, Hirekerur, to assess the value of the well. The Assistant Executive Engineer submitted his report, copy of which is produced as Annexure-B to the petition. It reads :