M K DEVARAJ Vs. STATE OF MYSORE

JUDGEMENT

(1.) Questions relating to the recovery of land revenue under the Karnataka Land Revenue Act, 1.964 hereinafter referred to as the Act, fail for decision in this petition under Article 226.

(2.) Petitioner is the owner of certain lands which are in the possession of his tenant. The land revenue payable in respect of the said lands for fasli years 1380 and 1381 was due from the petitioner. The Tahsildar, Mangalore took action for recovery of the said land revenue, by issuing a prcclamation of sale of some other properties in the possession of the petitioner. Challenging the action of the Tahsildar petitioner has preferred this writ petition.

(3.) The following twq contentions were urged for the petitioner. (1) That the Tahsildar before issuing a demand notice under S. 165 of the Act, should have taken recourse to the remedies provided under S. 161 of the Act; and (2) The liability to pay land revenue when it is in default is that of the tenant in possession of the lands and it has to be recovered from him.