Case Note & Summary
The petitioners, Rudrappa and others, were granted agricultural land in Siddagondanahalli, Hosadurga Taluk, Chitradurga District, by the Deputy Commissioner. Subsequently, the Deputy Commissioner passed an order dated 9.11.2010 cancelling the grant suo motu, purportedly based on a report that the grant was made contrary to rules. The petitioners challenged this order by filing writ petitions under Articles 226 and 227 of the Constitution of India, contending that the cancellation was made without any notice or opportunity of hearing, violating principles of natural justice. The respondents, including the State of Karnataka and revenue officials, defended the order. The High Court examined the provisions of the Karnataka Land Revenue Act, 1964, particularly Sections 67 and 136, and held that the Deputy Commissioner had no authority to cancel the grant without following due process. The court emphasized that any cancellation of a grant must be preceded by notice and a hearing to the affected parties. Since the impugned order was passed without any notice, it was quashed. The court allowed the writ petitions and set aside the order dated 9.11.2010 insofar as it related to the petitioners' lands.
Headnote
A) Land Revenue - Suo Motu Cancellation of Grant - Natural Justice - Sections 67, 136 of Karnataka Land Revenue Act, 1964 - The Deputy Commissioner cancelled the grant of land to the petitioners without any notice or hearing, relying on a report that the land was granted contrary to rules. The High Court held that such cancellation without affording an opportunity of hearing violates principles of natural justice and is unsustainable in law. The impugned order was quashed. (Paras 1-10) B) Land Revenue - Grant of Land - Resumption - Section 67 of Karnataka Land Revenue Act, 1964 - The Deputy Commissioner has no power to suo motu cancel a grant without following the procedure under the Act. The grant, once made, can only be cancelled after giving notice and hearing the grantee. The court held that the order passed without notice is void. (Paras 5-10)
Issue of Consideration
Whether the Deputy Commissioner can suo motu cancel a grant of land without issuing notice and affording an opportunity of hearing to the grantees, and whether such cancellation is valid under the Karnataka Land Revenue Act, 1964.
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 lands of the petitioners, is quashed.
Law Points
- Principles of natural justice
- Suo motu cancellation of grant
- Notice and hearing requirement
- Section 67 of Karnataka Land Revenue Act
- 1964
- Section 136 of Karnataka Land Revenue Act
