LAWS(KAR)-2008-6-99

BOJAMMA AND OTHERS Vs. THE TAHSILDAR

Decided On June 30, 2008
Bojamma Appellant
V/S
The Tahsildar Respondents

JUDGEMENT

(1.) THE petitioners herein pursuant to the compromise decree passed in R.F.A. No. 2013 of 2004, filed an application praying for registration of their names as the owners of the Coffee Estate, under Section 14 of the Coffee Act, 1942. The said application came to be dismissed by the endorsement at Annexure -A, dated 11 -1 -2008.

(2.) SRI Ravindranath Kamath, learned Advocate appearing on behalf of the petitioners submits that the order/endorsement vide Annexure -A, is without application of mind, inasmuch as the Tahsildar has not conducted the spot inspection to verify the actual facts. Sri Muralidhar, learned Government Advocate, per contra, contends that the revenue records disclose that the property in question is an irrigated land and is assessed to lesser land revenue and that therefore the Tahsildar is justified in rejecting the prayer of the petitioners.

(3.) SRI Muralidhar, learned Government Advocate, is justified in making his submission. If really there is coffee plantation then the land shall be assessed with higher amount of land revenue. If the land in question is really having coffee plantation, the Tahsildar is duty bound to intimate the same to the Deputy Commissioner for revising the land .revenue accordingly. Hence, the following order is made.