Case Note & Summary
The petitioner, Sri Yogananda Murthy A, a Licensed Surveyor, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 15.07.2017 passed by the Commissioner, Survey Settlement and Land Records (first respondent). The petitioner had been issued a license as a Licensed Surveyor on 1.10.2008 after undergoing four months of training and passing an examination conducted by the Survey Settlement Training Institute of Karnataka. The license was renewed from time to time, and the petitioner's area of operation was Devanahalli Taluk, where he had been entrusted survey work by the Tahsildar. The impugned order cancelled the petitioner's license without issuing any show cause notice or affording an opportunity of hearing. The court considered whether such an order, passed in violation of principles of natural justice, could be sustained. The petitioner argued that the cancellation was arbitrary and illegal. The respondents, represented by the Additional Government Advocate, did not contest the matter on merits. The court, after hearing the petitioner's counsel, found that the order was passed without any notice to the petitioner, thereby violating the principles of natural justice. The court quashed the impugned order and directed the respondents to restore the petitioner's license. However, the court clarified that it was open to the first respondent to initiate fresh proceedings against the petitioner in accordance with law, if so advised. The writ petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Cancellation of License - Audi Alteram Partem - Karnataka Land Revenue Act, 1964 - The petitioner, a Licensed Surveyor, had his license cancelled by the Commissioner, Survey Settlement and Land Records without any show cause notice or opportunity of hearing. The court held that such an order passed in violation of principles of natural justice is unsustainable and liable to be quashed. (Paras 1-4) B) Land Revenue - Licensed Surveyor - Cancellation of License - Karnataka Land Revenue Act, 1964 - The petitioner was issued a license as a Licensed Surveyor on 1.10.2008, renewed periodically, and had been undertaking survey work assigned by the Tahsildar. The impugned order dated 15.07.2017 cancelled the license without any prior notice. The court set aside the order and directed restoration of the license, leaving it open to the respondent to initiate fresh proceedings in accordance with law. (Paras 2-4)
Issue of Consideration
Whether the order cancelling the petitioner's license as a Licensed Surveyor without issuing a show cause notice or affording an opportunity of hearing is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 15.07.2017 passed by the first respondent in proceedings No.SSLR-13011/37/2016-PMU-SSLR is quashed. The respondents are directed to restore the petitioner's license. However, it is open to the first respondent to initiate fresh proceedings against the petitioner in accordance with law, if so advised. No order as to costs.
Law Points
- Natural justice
- audi alteram partem
- cancellation of license without notice
- Karnataka Land Revenue Act
- 1964
- Survey and Boundaries
- Licensed Surveyor
