Case Note & Summary
The present intra-Court appeal under Section 4 of the Karnataka High Court Act, 1961, challenges the order dated 07.02.2022 passed by the learned Single Judge in W.P.No.30144/2008. The writ petition was filed by respondent No.7 (Bharma Savadi) seeking directions against revenue authorities regarding mutation entries. The Single Judge disposed of the writ petition directing respondent Nos.3 to 8 (revenue officials) to take proper and effective steps. The appellants, who were the beneficiaries of the mutation entries and were parties in the mutation proceedings, were not heard before the order was passed. The appellants contended that the order was passed without giving them an opportunity of hearing, violating principles of natural justice. The Division Bench, after hearing the parties, set aside the order of the Single Judge and remanded the matter back to the Single Judge for fresh disposal, after affording an opportunity of hearing to all concerned parties, including the appellants. The court held that the order of the Single Judge was unsustainable as it affected the rights of the appellants without hearing them.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - The Single Judge disposed of a writ petition directing revenue authorities to take steps regarding mutation entries without hearing the appellants, who were parties in the mutation proceedings. Held that such an order violates the principles of natural justice as the appellants were not given an opportunity to present their case. (Paras 1-5)
B) Land Revenue - Mutation Entries - Karnataka Land Revenue Act, 1964 - The writ petition challenged mutation entries made in favor of the appellants. The Single Judge directed the Assistant Commissioner and other authorities to take proper and effective steps without hearing the appellants. Held that the order is unsustainable as it affects the rights of the appellants without affording them a hearing. (Paras 1-5)
Issue of Consideration
Whether the learned Single Judge erred in disposing of the writ petition without affording an opportunity of hearing to the appellants, who were necessary parties, and whether the direction to revenue authorities to take steps without hearing the appellants is sustainable in law.
Final Decision
The appeal is allowed. The order dated 07.02.2022 passed in W.P.No.30144/2008 is set aside. The matter is remanded back to the learned Single Judge for fresh disposal, after affording an opportunity of hearing to all concerned parties, including the appellants.
Law Points
- Principles of natural justice
- Right to be heard
- Mutation entries under Karnataka Land Revenue Act
- 1964
- Section 4 of Karnataka High Court Act
- 1961
Case Details
2023 LawText (KAR) (07) 77
Writ Appeal No. 100146 of 2023
S G Pandit, Vijaykumar A. Patil
Sri. Shriharsha A. Neelopant (for appellants), Sri. V.S. Kalasuramath HCGP (for R1 to R6), Sri. B.S. Kamate (for R7 and R8)
Bharatesh S/o. Ramappa Savadi, Smt. Sumitra W/o. Ramappa Savadi, Smt. Harshita D/o. Ramappa Savadi, Darshan S/o. Ramappa Savadi
The State of Karnataka, The Deputy Commissioner, The Assistant Commissioner, The Tahasildar, The Revenue Inspector, The Village Accountant, Bharma S/o. Avanna Savadi, Smt. Housabai W/o. Dundappa Munolli
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Nature of Litigation
Intra-Court appeal against order of Single Judge in writ petition concerning mutation entries under Karnataka Land Revenue Act.
Remedy Sought
Appellants sought setting aside of the Single Judge's order dated 07.02.2022 in W.P.No.30144/2008 and dismissal of the writ petition.
Filing Reason
The Single Judge disposed of the writ petition directing revenue authorities to take steps regarding mutation entries without hearing the appellants, who were necessary parties.
Previous Decisions
The learned Single Judge passed order dated 07.02.2022 in W.P.No.30144/2008 directing respondent Nos.3 to 8 to take proper and effective steps.
Issues
Whether the Single Judge's order disposing of the writ petition without hearing the appellants violates principles of natural justice?
Whether the direction to revenue authorities to take steps without hearing the appellants is sustainable?
Submissions/Arguments
Appellants argued that they were not heard before the Single Judge passed the order, which affects their rights regarding mutation entries.
Respondents argued in support of the Single Judge's order.
Ratio Decidendi
An order passed without affording an opportunity of hearing to the persons who are likely to be affected by the order is violative of principles of natural justice and is unsustainable in law.
Judgment Excerpts
This intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order of the learned Single Judge dated 07.02.2022 passed in W.P.No.30144/2008, wherein, the writ petition filed by the respondent No.7 was disposed of directing the respondent Nos.3 to 8 therein to take proper and effective steps to...
The appellants contend that the order was passed without giving them an opportunity of hearing, violating principles of natural justice.
Procedural History
The writ petition W.P.No.30144/2008 was filed by respondent No.7 before the Single Judge. The Single Judge disposed of the petition on 07.02.2022. The appellants filed the present intra-Court appeal on 13.07.2023, which was reserved for judgment and pronounced on 20.07.2023.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
