AI Structured Summary
Not yet generated for this judgment
Judgment
Mohan Shantanagoudar, J.—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, u/s 14 of the Coffee Act, 1942. The said application came to be dismissed by the endorsement at Annexure-A, dated 11-1-2008.
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.
The plain reading of Section 14 of the Coffee Act makes it clear that every owner of land planted with coffee plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in Indian, shall, before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the Registering Officer appointed in this behalf by the. State Government to be registered as an owner in respect of each estate owned by him. Thus, the question to be determined by the Registering Officer is as to whether the petitioners'' land in question is having coffee plantation or not. The said fact has to be determined by the Tahsildar/Registering Authority, based on factual situation. Therefore, the Tahsildar is required to inspect the spot to find out as to whether the land in question is having coffee plantation or not. As the Tahsildar has passed the order without visiting the spot, the same cannot be sustained.
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.
The impugned endorsement at Annexure-A, dated 11-1-2008, stands quashed. The matter is remitted to the Tahsildar, Virajpet Taluk, for fresh disposal in accordance with law, keeping in mind the aforesaid observations. If the land in question is having coffee plantation, then the Tahsildar shall get the orders from the Deputy Commissioner regarding assessment of the land revenue, as expeditiously as possible, but not later than the outer limit of three months from the date of receipt of this order.
Petition is disposed of accordingly.