SATYANARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned government pleader for respondents 1 to 3.

(2.) BY this writ petition, the petitioner is calling in question the impugned Order made by the land tribunal, gangavathi dated 14-5-1986 at Annexure-A whereby the land tribunal held that the petitioner holds 11 units of 'a' class land and that he is entitled to hold only 10 units of 'a' class land and as such his holding in excess by one unit of 'a' class land. Learned counsel for the petitioner has contended before me that while considering the family members of the petitioner, the tribunal has not taken into account the existence of the father of the petitioner, who was also a member of the family of the petitioner at the relevant time. He also contended that the classification of land made by the tribunal is highly improper. While elaborating his submissions, the learned counsel for the petitioner contended that the family of the petitioner consists of himself. if, his father, his wife and three unmarried daughters and all the lands belonging to the family of the petitioner are 'b' class lands as they are situated at the tail-end of the canal and as such only one crop is raised per year. He therefore contended that the holding of the petitioner is far less than the ceiling limit.

(3.) AS against this, the learned counsel appearing for respondent No. 4 has contended that the authorities have rightly classified the lands belonging to the petitioner as 'a' class lands and that further in the declaration filed by the petitioner it is not stated that the family of the petitioner consists of his father. He also contended that the copies of phanis in respect of the lands owned by the petitioner produced as per annexures-r2 and r3 clearly indicate that these lands are having facilities for assured irrigation from tungabhadra project which is capable of supplying water for growing two crops. He therefore contended that the impugned Order of the land tribunal does not suffer from any infirmity.