Case Note & Summary
The appellants, Ashok Talwar, Basavaraj Talwar, and Siddappa Hiregannavar, filed a writ appeal against an order dated 20.09.2021 passed by a learned Single Judge of the Karnataka High Court in W.P.No.71343/2012. The writ petition was filed by respondent Nos.4, 5, and 6 (Neelavva, Shankravva, and Paravva) challenging a resolution dated 03.08.2010 passed by respondent No.1, the Deputy Commissioner and Chairman of Bhoo Odetan Yojaneya Anusthan Samiti (BOYAS), Dharwad. The resolution cancelled a land grant that had been made in favour of the appellants. The Single Judge quashed the resolution on the ground that it was passed without affording the appellants an opportunity of hearing, thereby violating principles of natural justice. The appellants appealed against this order. The Division Bench, comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, heard the appeal. The Court noted that the resolution was passed without any notice to the appellants and without giving them a chance to be heard. The Court held that the order was void ab initio and that the Single Judge had correctly quashed it. The appeal was dismissed, and the order of the Single Judge was upheld. The Court did not find any merit in the appeal and declined to interfere.
Headnote
A) Land Law - Natural Justice - Cancellation of Land Grant - Audi Alteram Partem - Karnataka Land Revenue Act, 1964 - The Deputy Commissioner passed a resolution cancelling the land grant made to the appellants without issuing any notice or affording them an opportunity of hearing. The Court held that such an order passed in violation of principles of natural justice is void ab initio and cannot be sustained. (Paras 1-3) B) Land Law - Writ Jurisdiction - Scope of Interference - Karnataka Land Revenue Act, 1964 - The learned Single Judge quashed the resolution dated 03.08.2010 on the ground that it was passed without hearing the grantees. The Division Bench affirmed this view, holding that no interference is warranted in the writ appeal. (Paras 1-3)
Issue of Consideration
Whether the resolution dated 03.08.2010 passed by the Deputy Commissioner cancelling the land grant in favour of the appellants without affording them an opportunity of hearing is sustainable in law.
Final Decision
The appeal is dismissed. The order dated 20.09.2021 passed by the learned Single Judge in W.P.No.71343/2012 is upheld.
Law Points
- Natural Justice
- Audi Alteram Partem
- Karnataka Land Revenue Act
- 1964
- Karnataka Land Grant Rules
- 1969
- Writ Jurisdiction
