NAGAPPA CHANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution, has been referred to a Division Bench.

(2.) The'petitioner owned several lands. On 21-8-1976 he filed a declaration under S 66 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act') stating that he owned a total extent of 63.38 acres of Class D lands. On the day he filed that declaration, his family consisted of only 5 members.

(3.) The Tahsildar, Savanur Taluk, purported to make an order on 11-10-1975. Therein, he stated, inter alia, that on verification of the particulars of the lands in the declaration made by the petitioner, it was seen that his family held 63 acres and 12 guntas of land, that the ceiling area of land which that family could hold, being 54 acres, an extent of 9 acres and 12 guntas of land constituted surplus area of lands which the petitioner was liable to surrender to the Government. The order further stated that the petitioner should prefer his objections, if any, within 30 days from the date of receipt of that order and furnish a statement showing the particulars of the land which he desired to surrender as surplus lands. The order of the Tahsildar does not indicate that any notice had been served on the petitioner or that he had been heard before that order was made.