Case Note & Summary
The case involves writ appeals filed by the appellants against an order dated 01.07.2019 passed by a learned Single Judge in WP Nos.31452/2009 and 31530/2009, which had upheld the order of the Assistant Commissioner cancelling mutation entries in respect of certain lands. The appellants, who are legal representatives of the original holder, contended that the Assistant Commissioner passed the order without issuing any notice to them and without affording an opportunity of hearing. The respondents included the Special Deputy Commissioner, Assistant Commissioner, Special Tahsildar, and private respondents who were the beneficiaries of the cancellation. The High Court, after hearing the counsel for the appellants and the respondents, found that the Assistant Commissioner's order was passed in gross violation of principles of natural justice as no notice was given to the appellants before cancelling the mutation entries. The court noted that mutation entries are prima facie evidence of possession and cannot be cancelled without hearing the persons whose names are entered. Consequently, the court set aside the impugned order of the learned Single Judge and the Assistant Commissioner, and remanded the matter back to the Assistant Commissioner for fresh consideration after issuing notice to all parties and affording them an opportunity of hearing. The court directed that the Assistant Commissioner shall decide the matter afresh in accordance with law, without being influenced by any observations made in the earlier proceedings.
Headnote
A) Land Revenue - Mutation Entries - Cancellation Without Notice - Principles of Natural Justice - Karnataka Land Revenue Act, 1964 - The Assistant Commissioner cancelled mutation entries in revenue records without issuing notice to the appellants who were in possession and enjoyment of the property. The High Court held that such cancellation without affording an opportunity of hearing violates principles of natural justice. The impugned order was set aside and the matter remanded for fresh consideration after giving due notice and hearing to all parties. (Paras 1-5) B) Land Revenue - Mutation Entries - Right to Hearing - Karnataka Land Revenue Act, 1964 - The court observed that mutation entries are prima facie evidence of possession and cannot be cancelled without hearing the persons whose names are entered. The Assistant Commissioner's order was quashed and the matter remitted back for fresh disposal in accordance with law. (Paras 1-5)
Issue of Consideration
Whether the impugned order passed by the Assistant Commissioner cancelling mutation entries without issuing notice and affording opportunity of hearing to the appellants is sustainable in law.
Final Decision
The writ appeals are allowed. The impugned order dated 01.07.2019 passed by the learned Single Judge in WP Nos.31452/2009 and 31530/2009 is set aside. The order passed by the Assistant Commissioner is also set aside. The matter is remanded back to the Assistant Commissioner for fresh consideration after issuing notice to all parties and affording them an opportunity of hearing. The Assistant Commissioner shall decide the matter afresh in accordance with law, without being influenced by any observations made in the earlier proceedings.
Law Points
- Principles of natural justice
- Right to hearing
- Mutation entries under Karnataka Land Revenue Act
- 1964
- Cancellation of mutation without notice
- Remand for fresh consideration
