Case Note & Summary
The petitioner, Mr. R Pratap Reddy, purchased agricultural land measuring 2 acres 35 guntas in Sy.No.2/1 of Lokkere Village, Gundlupet Taluk, Chamarajanagar District, vide registered sale deed dated 19.9.2005. His name was entered in the mutation register and RTC records. He applied for conversion of 0.10 guntas for residential purpose, and the Deputy Commissioner (second respondent) granted conversion for 0.03 guntas on 3.1.2012. After obtaining necessary approvals, the petitioner constructed a residential house on the converted portion. However, on 30.5.2020, the Deputy Commissioner passed an order (Annexure-A) cancelling the conversion order without issuing any notice or providing an opportunity of hearing to the petitioner. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the cancellation order. The court noted that the impugned order was passed without any notice to the petitioner, which is a clear violation of principles of natural justice. The court held that the Deputy Commissioner could not have cancelled the conversion order without affording the petitioner an opportunity of being heard. Accordingly, the court allowed the writ petition, quashed the order dated 30.5.2020, and directed the Deputy Commissioner to pass a fresh order after hearing the petitioner.
Headnote
A) Land Revenue - Conversion Order - Cancellation Without Hearing - Violation of Natural Justice - Karnataka Land Revenue Act, 1964, Sections 95, 136 - The Deputy Commissioner cancelled a conversion order dated 3.1.2012 without issuing any notice or providing an opportunity of hearing to the petitioner, who had purchased the land and constructed a house based on the conversion. The court held that such cancellation without hearing is illegal and violative of principles of natural justice. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Quashing of Order - The High Court, in exercise of its writ jurisdiction, quashed the impugned order dated 30.5.2020 passed by the Deputy Commissioner, as it was passed in violation of natural justice. The court directed the Deputy Commissioner to pass a fresh order after hearing the petitioner. (Paras 4-5)
Issue of Consideration
Whether the Deputy Commissioner could cancel a conversion order without affording the petitioner an opportunity of being heard, thereby violating principles of natural justice.
Final Decision
Writ petition allowed. Impugned order dated 30.5.2020 passed by the second respondent (Deputy Commissioner) is quashed. The matter is remitted to the Deputy Commissioner to pass a fresh order after affording an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- right to be heard
- cancellation of conversion order without notice
- writ jurisdiction under Articles 226 and 227 of Constitution of India
