ZIA ULLA HAQ Vs. N SIVASAILAM

JUDGEMENT

(1.) The petitioner is a lessee of government land in S.No. 184 of Jyothigondanapura village, Chamarajanagar Taluk, in accordance with the lease granted in his favour on the 1st day of January, 1983. The lease in question entitles him to quarry black dyke or black granite. He has been carrying on that activity since the grant of the lease and he is now aggrieved by the two orders made by the Tahsildar, Chamarajanagar Taluk, purporting to be in exercise of his power under Sec. 96 of the Karnataka Land Revenue Act, 1964, (hereinafter referred to as the Act) as well as Sec. 94(2) of that Act. The said orders are at Annexures G and H respectively.

(2.) In the statement of objections filed, it is asserted that the impugned orders in question have been passed because the petitioner has been carrying on quarrying operations on government land falling out-side his leased area and therefore the fine has been imposed in accordance with Sec. 73 as well as under Sec. 94 of the Act.

(3.) That position unfortunately is not reflected in the orders themselves which are impugned. The impugned orders in the first of the petitions is as follows :