Case Note & Summary
The petitioner, Sri B.L. Janardhana, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the order dated 22.01.2015 passed by the Assistant Commissioner, Revenue Sub Division, Madikeri (2nd respondent) in proceedings No.NCR(V) 91/2013-14. The petitioner had been granted a Saguvali Chit in respect of 1 acre 5 guntas of land bearing Sy.No.317/P3 of Heggala village, Virajpet Taluk, based on a report in proceedings No.TVT/NCR/53/1998-99 with reference to Patta No.227/2010-11 dated 11.03.2011. The grant was made by the Akrama Sakrama Committee of Virajpet Taluk on 23.10.2010. Subsequently, certain discrepancies were noted in the order, but the Assistant Commissioner proceeded to cancel the Saguvali Chit without issuing any notice or affording an opportunity of hearing to the petitioner. The petitioner contended that the impugned order was passed in violation of principles of natural justice. The respondents, represented by the Additional Government Advocate, did not seriously oppose the petition. The court observed that the order was passed without notice to the petitioner and therefore could not be sustained. The court quashed the impugned order and remitted the matter back to the Assistant Commissioner for fresh consideration, directing that the petitioner be given an opportunity of hearing before passing any order. The writ petition was allowed accordingly.
Headnote
A) Land Law - Saguvali Chit - Cancellation - Natural Justice - The Assistant Commissioner cancelled the Saguvali Chit granted to the petitioner without issuing any notice or affording an opportunity of hearing - The High Court held that such an order is in violation of principles of natural justice and cannot be sustained - The impugned order was quashed and the matter remitted for fresh consideration after hearing the petitioner (Paras 3-4).
Issue of Consideration
Whether the impugned order dated 22.01.2015 passed by the Assistant Commissioner cancelling the Saguvali Chit granted to the petitioner is sustainable in law when it was passed without issuing notice and affording an opportunity of hearing to the petitioner.
Final Decision
The writ petition is allowed. The impugned order dated 22.01.2015 passed by the 2nd respondent in proceedings No.NCR(V) 91/2013-14 is quashed. The matter is remitted back to the 2nd respondent for fresh consideration after affording an opportunity of hearing to the petitioner. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Cancellation of land grant without notice
- Saguvali Chit
- Karnataka Land Revenue Act
- 1964
