Case Note & Summary
The petitioners, K N Parameshwara Adiga and Kalidasa Bhat, residents of Kolluru village and belonging to the Archak family of Sri Kolluru Mookambika temple, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 02.01.2012 passed by the Special Tahsildar, Byndooru, in proceedings No.ADM.CR.1/2011-12. The impugned order pertained to land bearing Sy. No.19/19 situated in Kolluru village, measuring 0.06 cents, which was listed at serial No.8 in the table annexed to the order. The petitioners contended that they had been residing in the said place from time immemorial, even prior to British rule, as they were allowed to stay near the temple for performing pooja of Goddess Sri Mookambika. The primary legal issue was whether the order passed without issuing any notice to the petitioners was sustainable. The court noted that the order was passed without notice to the petitioners, who were in possession of the land, and thus violated principles of natural justice. The court held that the order was liable to be quashed and remitted the matter to the Special Tahsildar for fresh consideration after giving an opportunity of hearing to the petitioners. The writ petition was allowed accordingly.
Headnote
A) Land Law - Natural Justice - Right to be Heard - Karnataka Land Revenue Act, 1964 - Order passed by Special Tahsildar without notice to the petitioners, who were in possession of the land, is violative of principles of natural justice - Held that the order is liable to be quashed and matter remitted for fresh consideration after giving opportunity of hearing (Paras 1-4).
Issue of Consideration
Whether the order passed by the Special Tahsildar without issuing notice to the petitioners is sustainable in law?
Final Decision
The writ petition is allowed. The impugned order dated 02.01.2012 passed by the Special Tahsildar, Byndooru, in proceedings No.ADM.CR.1/2011-12 insofar as it pertains to land bearing Sy. No.19/19 is quashed. The matter is remitted to the Special Tahsildar for fresh consideration after giving an opportunity of hearing to the petitioners.
Law Points
- Natural justice
- Right to be heard
- Quasi-judicial proceedings
- Land revenue records
- Karnataka Land Revenue Act
- 1964
