KORIPALLI VIJAYALAKSHMI Vs. TAHASILDAR GANGAVATHI

JUDGEMENT

(1.) In these batch of cases, the petitioners who are the owners of several survey numbers referred to in the defaulter notices, served on each one of them under Rule 112 of the Land Revenue Rules, have challenged the demand notices. The demands represent the penal water rate levied both under Section 28(5) and Section 32(4) of the Karnataka Irrigation Act ('the Act'). Though consolidated demands are made as per the notices, they comprise of the penal water rate levied both for unauthorised user of the water which attracts penalty under 28(5) and for unauthorised cultivation of crops which attracts penalty under 32(4) of the Act.

(2.) The original records of these cases are produced by the learned Govt Pleader. The recoveries are in respect of the years 1980 to 1987. The inigation officers concerned in these cases are present before the Court, when asked to produce the notices served on the petitioners some sample notices which are purported to have been served on the petitioners in the year 1981 have been produced before me. These notices are issued under Section 32(4). The records do not disclose whether similar notices were issued for levy of penal water rate under Section 28(5).

(3.) Number of irregularities are noticed in the implementation of the provisions of the Irrigation Act and in the observance of the procedure before the penal water rate is levied either for unau horised user or for unauthorised cultivation. The notices issued under 32(4) are required to be served on the owners of the land and in the manner provided for such service under Section 68 of the Karnataka Irrigation Act. The said provision makes it mandatory to serve a copy of the notice issued under the Act by delivering or tendering a copy thereof signed by the officer therein mentioned, whenever it may be practicable, the service of the notice shall be made on the person therein named. When such person cannot be found, the service may be made on any adult male member of his family residing with him ; and if no such adult male member can be found, the service of the notice may be made by sending a copy of such notice by registered post to such person at his usual place of residence.