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 an order dated 02.01.2012 passed by the Special Tahsildar, Byndooru, in proceedings No.ADM.CR.1/2011-12. The order pertained to land bearing Survey No.19/19 in Kolluru village, which was listed at serial No.8 in the table annexed to the order. The petitioners contended that they had resided in the 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 main legal issue was whether the order was sustainable when the petitioners were not given an opportunity of being heard before its passing. The court noted that the order was passed without notice to the petitioners, which violated the principles of natural justice. The court held that the order was liable to be quashed and set aside, and the matter was remitted back to the Special Tahsildar for fresh consideration after giving an opportunity of hearing to the petitioners. The writ petition was allowed accordingly.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Quashing of Order - Petitioners challenged order of Special Tahsildar dated 02.01.2012 pertaining to land in Sy. No.19/19 of Kolluru village - Court found that order was passed without notice to petitioners, violating principles of natural justice - Held that order is liable to be quashed and matter remitted for fresh consideration after hearing petitioners (Paras 1-4).
Issue of Consideration
Whether the order passed by the Special Tahsildar on 02.01.2012 is sustainable in law when the petitioners were not given an opportunity of being heard before the order was passed.
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 of Kolluru village is quashed. The matter is remitted back to the Special Tahsildar for fresh consideration after giving an opportunity of hearing to the petitioners.
Law Points
- Natural justice
- Right to be heard
- Section 136(3) Karnataka Land Revenue Act
- 1964
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
Case Details
2019 LawText (KAR) (03) 60
Writ Petition No.3367/2018 (KLR-RES)
M E Nagesh for petitioners, Venkatesh Dodderi for respondents
K N Parameshwara Adiga and Kalidasa Bhat
The Tahsildar, Byndoor, Kundapura Taluk, Udupi District and The Deputy Commissioner, Rajathadri, Manipal, Udupi
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Nature of Litigation
Writ petition challenging order of Special Tahsildar regarding land in Kolluru village
Remedy Sought
Quashing of order dated 02.01.2012 passed by Special Tahsildar, Byndooru, in proceedings No.ADM.CR.1/2011-12 insofar as it pertains to land bearing Sy. No.19/19 in Kolluru village
Filing Reason
Petitioners claimed they were not given opportunity of hearing before the order was passed
Previous Decisions
Order dated 02.01.2012 passed by Special Tahsildar, Byndooru
Issues
Whether the order passed by the Special Tahsildar on 02.01.2012 is sustainable in law when the petitioners were not given an opportunity of being heard before the order was passed.
Submissions/Arguments
Petitioners contended that they are residents of Kolluru village and belong to Archak family of Sri Kolluru Mookambika temple, and have resided there from time immemorial. They argued that the order was passed without notice to them, violating principles of natural justice.
Ratio Decidendi
An order passed without notice to the affected party violates principles of natural justice and is liable to be quashed. The matter must be remitted for fresh consideration after hearing the parties.
Judgment Excerpts
Petitioner Nos. 1 and 2 are impugning the order dated 02.01.2012 vide Annexure ‘D’ to the petition passed by Special Tahasildar, Byndooru, in proceedings No.ADM.CR.1/2011-12 insofar as it pertains to land bearing Sy. No.19/19 situate in Kolluru village, which finds place at serial No.8 in the table shown in the order.
Petitioner Nos.1 and 2 would contend that they are residents of Kolluru village, and they belong to Archak family of Sri Kolluru Mookambika temple.
The order impugned is passed without notice to the petitioners, which is in violation of principles of natural justice.
Procedural History
The Special Tahsildar, Byndooru, passed an order on 02.01.2012 in proceedings No.ADM.CR.1/2011-12. The petitioners filed Writ Petition No.3367/2018 before the High Court of Karnataka challenging the order. The petition came up for preliminary hearing in 'B' group on 25.03.2019 and was allowed.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Land Revenue Act, 1964: Section 136(3)
