Case Note & Summary
The petitioners, Rudrappa and others, filed multiple writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 9.11.2010 passed by the Deputy Commissioner, Chitradurga District. The impugned order directed the conversion of land use in respect of certain survey numbers in Siddagondanahalli, Muthodu Hobli, Hosadurga Taluk, Chitradurga District, including lands belonging to the petitioners. The petitioners contended that the order was passed without issuing any notice to them or affording them an opportunity of hearing, thereby violating the principles of natural justice. The respondents, represented by the State of Karnataka and its officers, did not dispute the lack of notice. The court, after hearing the arguments, found that the Deputy Commissioner had passed the order without complying with the mandatory requirement of giving notice to the persons likely to be affected. The court held that such an order is unsustainable in law and liable to be quashed. Consequently, the court allowed the writ petitions, quashed the impugned order insofar as it related to the petitioners' lands, and remitted the matter to the Deputy Commissioner for fresh consideration after affording an opportunity of hearing to the petitioners. The court directed that the Deputy Commissioner shall pass a fresh order in accordance with law, after hearing the petitioners, within a period of three months from the date of receipt of a copy of the order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Quashing of Order - Petitioners challenged order of Deputy Commissioner directing conversion of land use without notice - Court held that order passed without affording opportunity of hearing violates principles of natural justice - Impugned order quashed - Matter remitted for fresh consideration after hearing petitioners (Paras 1-6). B) Land Revenue - Conversion of Land - Section 95 of the Karnataka Land Revenue Act, 1964 - Deputy Commissioner's order directing conversion of land from agricultural to non-agricultural use without notice to petitioners - Court held that such order is unsustainable in law - Petitioners, being persons likely to be affected, were entitled to notice and hearing - Order set aside (Paras 1-6).
Issue of Consideration
Whether the impugned order dated 9.11.2010 passed by the Deputy Commissioner, Chitradurga District, is liable to be quashed on the ground of violation of principles of natural justice for not affording an opportunity of hearing to the petitioners before directing conversion of land use.
Final Decision
The writ petitions are allowed. The impugned order dated 9.11.2010 passed by the Deputy Commissioner, Chitradurga District, insofar as it relates to the petitioners' lands, is quashed. The matter is remitted to the Deputy Commissioner for fresh consideration after affording an opportunity of hearing to the petitioners. The Deputy Commissioner shall pass a fresh order in accordance with law within a period of three months from the date of receipt of a copy of this order.
Law Points
- Natural justice
- Right to be heard
- Section 95 Karnataka Land Revenue Act
- 1964
- Writ jurisdiction under Articles 226 and 227
