Case Note & Summary
The petitioners, 13 individuals, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 18.12.2017 passed by the Deputy Commissioner, Tumkur District (first respondent). The petitioners claimed to be applicants in Form No.53 filed under the provisions of the Karnataka Land Revenue Act, 1964, seeking regularisation of their unauthorised occupation of government land. The Deputy Commissioner's order declared the regularisation as without authority of law, illegal, and void. The petitioners contended that the order was passed without affording them an opportunity of hearing, violating principles of natural justice. The respondents, including the Deputy Commissioner, Assistant Commissioner, Tahsildar, and private respondents, opposed the petitions. The court, after hearing the counsel for the petitioners and the respondents, found that the impugned order was passed without notice to the petitioners, who were the applicants. The court held that the Deputy Commissioner's order could not be sustained as it violated the right to be heard. Consequently, the court quashed the order dated 18.12.2017 and remitted the matter back to the Deputy Commissioner for fresh consideration, directing that the petitioners be heard before passing any order. The court also directed that the petitioners be given an opportunity to produce all relevant documents in support of their claim. The writ petitions were allowed accordingly.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - The Deputy Commissioner's order cancelling regularisation of unauthorised occupation was set aside as it was passed without hearing the petitioners, who were applicants under Form No.53 under the Karnataka Land Revenue Act, 1964 - Held that any order affecting rights must be passed after giving reasonable opportunity of hearing (Paras 1-4). B) Land Revenue - Regularisation of Unauthorised Occupation - Sections 94 and 95 Karnataka Land Revenue Act, 1964 - The petitioners had applied for regularisation of their occupation of government land, and the Deputy Commissioner's order cancelling the same without notice was quashed - Held that the matter is remitted to the Deputy Commissioner for fresh consideration after hearing all parties (Paras 1-4).
Issue of Consideration
Whether the Deputy Commissioner's order dated 18.12.2017 cancelling the regularisation of unauthorised occupation of the petitioners is sustainable in law when it was passed without affording an opportunity of hearing to the petitioners.
Final Decision
The writ petitions are allowed. The order dated 18.12.2017 passed by the Deputy Commissioner, Tumkur District (Annexure-N) is quashed. The matter is remitted back to the Deputy Commissioner for fresh consideration after hearing the petitioners and all concerned parties. The petitioners are at liberty to produce all relevant documents in support of their claim.
Law Points
- Principles of natural justice
- Right to be heard
- Regularisation of unauthorised occupation
- Section 94 Karnataka Land Revenue Act
- 1964
- Section 95 Karnataka Land Revenue Act
