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 for 1 acre 5 guntas of land in Sy.No.317/P3 of Heggala village, Virajpet Taluk, based on a report in proceedings No.TVT/NCR/53/1998-99 and 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 cancelled the Saguvali Chit without issuing any notice or affording the petitioner an opportunity of hearing. The court found that the impugned order was passed in gross violation of principles of natural justice, as the petitioner was not heard before the cancellation. The court set aside the order and remitted the matter back to the Assistant Commissioner for fresh consideration, directing that the petitioner be given a reasonable opportunity of hearing before passing any fresh order. The writ petition was allowed accordingly.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - Cancellation of Land Grant - The Assistant Commissioner cancelled the Saguvali Chit granted to the petitioner without issuing any notice or providing an opportunity of hearing, which is a clear violation of principles of natural justice - Held that the impugned order is unsustainable and liable to be quashed (Paras 1-4).
Issue of Consideration
Whether the impugned order dated 22.01.2015 passed by the Assistant Commissioner cancelling the Saguvali Chit granted to the petitioner without affording him an opportunity of hearing is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 22.01.2015 passed by the 2nd respondent (Assistant Commissioner) in proceedings No.NCR(V) 91/2013-14 is quashed. The matter is remitted back to the Assistant Commissioner for fresh consideration, with a direction to provide the petitioner a reasonable opportunity of hearing before passing any fresh order.
Law Points
- Principles of natural justice
- right to be heard
- cancellation of land grant without notice
- writ jurisdiction under Articles 226 and 227 of the Constitution of India
Case Details
2019 LawText (KAR) (02) 65
Writ Petition No.44702/2017 (KLR-LG)
Sri. D.C. Jagadeesh (for petitioner), Sri. T.S. Mahantesh, Additional Government Advocate (for respondents)
The Deputy Commissioner, Kodagu District; The Assistant Commissioner, Revenue Sub Division, Madikeri; The Tahsildar, Virajpet Taluk; The Tahsildar & Member Secretary, Akrama Sakrama Samithi, Virajpet Taluk
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging cancellation of Saguvali Chit (land grant) by the Assistant Commissioner.
Remedy Sought
Quashing of the impugned order dated 22.01.2015 passed by the 2nd respondent (Assistant Commissioner) as illegal and unsustainable.
Filing Reason
The petitioner's Saguvali Chit for 1 acre 5 guntas of land was cancelled without any notice or opportunity of hearing, violating principles of natural justice.
Previous Decisions
The Saguvali Chit was granted to the petitioner based on proceedings No.TVT/NCR/53/1998-99 and Patta No.227/2010-11 dated 11.03.2011, and by the Akrama Sakrama Committee on 23.10.2010. The impugned order dated 22.01.2015 cancelled the grant.
Issues
Whether the impugned order cancelling the Saguvali Chit without affording the petitioner an opportunity of hearing is violative of principles of natural justice.
Submissions/Arguments
The petitioner argued that the impugned order was passed without any notice or opportunity of hearing, in gross violation of principles of natural justice.
Ratio Decidendi
Any order cancelling a grant or affecting rights must be passed after affording the affected party a reasonable opportunity of hearing. Failure to do so renders the order void ab initio as it violates principles of natural justice.
Judgment Excerpts
This writ petition is filed by one Janardana impugning the order dated 22.01.2015 in proceedings bearing No.NCR(V) 91/2013-14 on the file of 2nd respondent...
The records would indicate that Saguvali Chit was secured by the petitioner in respect of 1 acre 5 guntas of land...
It is seen that the impugned order is passed without issuing any notice to the petitioner and without affording him an opportunity of hearing...
Accordingly, the impugned order is quashed and the matter is remitted back to the 2nd respondent for fresh consideration...
Procedural History
The petitioner was granted a Saguvali Chit for land in Heggala village. The Assistant Commissioner passed an order on 22.01.2015 cancelling the grant. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka challenging the cancellation.
Acts & Sections
- Constitution of India: Articles 226, 227
