Case Note & Summary
The petitioner, M.G. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Tahsildar, Shivamogga Taluk (respondent No.2), to consider his representations for release of land from pada (forfeiture due to non-payment of taxes). The land in question was Sy.No.126/1 measuring 31 guntas situated at Mallapura Village, Haranahalli Hobli, Shivamogga Taluk, originally owned by the petitioner's grandfather Narappa. After Narappa's death, the land was mutated to the petitioner's father M.G. Shekarappa vide MR No.1/73-74. The petitioner claimed that the land had fallen pada due to non-payment of taxes and he had submitted representations on 21.03.1998, 18.01.2000, 07.02.2000, and 03.01.2012 seeking its release. However, the Tahsildar had not taken any action on these representations. The court noted that the representations were received in the office of the Tahsildar but remained undisposed. The court directed the Tahsildar to consider the representations and pass appropriate orders in accordance with law within three months from the date of receipt of the order. The writ petition was disposed of with these directions.
Headnote
A) Land Revenue - Release of Land from Pada - Duty of Revenue Authorities - The petitioner sought direction to the Tahsildar to consider his representations for release of land forfeited for non-payment of taxes - The High Court held that the Tahsildar must consider the representations in accordance with law and pass appropriate orders within a stipulated time - The court directed the Tahsildar to consider the representations dated 21.03.1998, 18.01.2000, 07.02.2000, and 03.01.2012 and pass orders within three months (Paras 1-4).
Issue of Consideration
Whether the Tahsildar is obligated to consider and dispose of the petitioner's representations seeking release of land from pada (forfeiture for non-payment of taxes).
Final Decision
The writ petition is disposed of with a direction to the second respondent (Tahsildar) to consider the representations dated 21.03.1998, 18.01.2000, 07.02.2000, and 03.01.2012 made by the petitioner and pass appropriate orders in accordance with law within three months from the date of receipt of the order.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- 1950
- Duty of revenue authorities to consider representations
- Land revenue administration
