Case Note & Summary
The petitioners, Giriappa and Janardhan, filed writ petitions challenging the orders of the Assistant Commissioner dated 04.09.2009 and the Deputy Commissioner dated 01.09.2017, which cancelled the regularization of 4 acres of land each in Sy.No.6/P/1 of Sasavegera village in their favour. The regularization had been granted under Rule 108(K) of the Karnataka Land Revenue Rules based on their long-term unauthorized cultivation. The Assistant Commissioner cancelled the regularization suo motu on the ground of fraud, without issuing any notice or affording an opportunity of hearing to the petitioners. The Deputy Commissioner upheld this cancellation in appeal. The High Court, upon examining the original records, found that the applications for regularization did not bear any date. The court noted that the Assistant Commissioner had not followed the procedure under Section 94-A(4) of the Karnataka Land Revenue Act, 1964, which requires notice and hearing before cancellation. The court held that the cancellation orders were passed in gross violation of principles of natural justice and therefore quashed both the orders, restoring the regularization in favour of the petitioners.
Headnote
A) Land Law - Regularization of Unauthorized Cultivation - Cancellation Without Notice - Principles of Natural Justice - Karnataka Land Revenue Act, 1964, Section 94-A - The Assistant Commissioner cancelled the regularization of land in favour of the petitioners on the ground of fraud without issuing any notice or affording an opportunity of hearing. The High Court held that such cancellation without notice is violative of principles of natural justice and set aside the orders. (Paras 4-5) B) Land Law - Suo Motu Cancellation - Requirement of Notice - Karnataka Land Revenue Act, 1964, Section 94-A - The court observed that even if the regularization was obtained by fraud, the authority must follow the procedure of issuing notice and hearing the affected parties before cancelling the same. The impugned orders were quashed as they were passed in violation of natural justice. (Paras 4-5)
Issue of Consideration
Whether the Assistant Commissioner could cancel the regularization of land in favour of the petitioners without issuing notice and affording an opportunity of hearing, thereby violating principles of natural justice.
Final Decision
The writ petitions are allowed. The order dated 01.09.2017 passed by the Deputy Commissioner and the order dated 17.08.2015 passed by the Assistant Commissioner are quashed. The regularization in favour of the petitioners is restored.
Law Points
- Natural justice
- Right to be heard
- Suo motu cancellation without notice
- Karnataka Land Revenue Act
- 1964 Section 94-A
- Rule 108(K) of Karnataka Land Revenue Rules
