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1975 Supreme(Kar) 79

VENKATACHALAIAH
BASAVANAPPA SIDDAPPA WALIKAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.VEERABHADRAPPA, V.C.BRAHMAIAYAPPA

( 1 ) THE petitioners are owners of certain lands which are stated to be irrigated by water flowing from an irrigation work as defined in the Karnataka irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957. Under Rule 4 (2) of the Karnataka Irrigation (Levy of Water Rates) rules, 1965 (hereinafter referred to as the Rules), the Tahsildar made demands on the petitioners to pay water rate in respect of water which the the petitioners had, according to him, used for growing crops on their lands. Aggrieved by the said notices, of demand, the petitioners have filed these writ petitions.

( 2 ) THE principal contention urged by Mr. B. Veerabhadrappa, learned counsel for the petitioners, is that the demands made by the Tahsildar were unenforceable on the ground that no enquiry had been held by the Tahsildar in accordance with the Rules and that the petitioners were not given a reasonable opportunity to show-cause as to why the water rates should not be levied at the rates determined by the Tahsildar. Rule 4 of the Rules reads as follows : z" 4. Determination of water rates.- (1) In respect of each crop or revenue year, as the case may be, the Tahsildar shall, alter such enq






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