Case Note & Summary
The petitioners, Sri Gurumallappa and Smt. L.Girijamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 17.06.2014 passed by the Assistant Commissioner, Kollegal Sub-division. The Assistant Commissioner had declared the purchase of land measuring 3 acres 99 cents by petitioner No.2 on 20th April 2011 as void on the ground that the purchase violated Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. The petitioners contended that no show-cause notice was issued to petitioner No.2 regarding the validity of the purchase, and therefore, they had no opportunity to demonstrate that the purchase was not contrary to the provisions of the Act. The learned counsel for the petitioners argued that the impugned order was violative of principles of natural justice and liable to be set aside. The learned High Court Government Pleader fairly submitted that no show-cause notice was issued to the petitioners before passing the order. The court, after hearing both sides, found that the impugned order was indeed passed without issuing any show-cause notice to the petitioners, thereby violating principles of natural justice. The court set aside the order and remitted the matter to the Assistant Commissioner for fresh consideration, directing that a show-cause notice be issued to the petitioners and an opportunity of hearing be afforded before passing any order. The writ petition was allowed accordingly.
Headnote
A) Constitutional Law - Principles of Natural Justice - Audi Alteram Partem - Show-Cause Notice - The Assistant Commissioner declared the purchase of land by petitioner No.2 as void under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 without issuing any show-cause notice to the purchaser. The court held that the order was violative of principles of natural justice as the petitioner had no opportunity to demonstrate that the purchase was not contrary to the Act. The impugned order was quashed and the matter remitted for fresh consideration after issuing notice to the petitioners. (Paras 1-5)
Issue of Consideration
Whether the impugned order declaring the purchase of land as void under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 is sustainable when no show-cause notice was issued to the purchaser, thereby violating principles of natural justice.
Final Decision
Writ petition allowed. Impugned order dated 17.06.2014 passed by the Assistant Commissioner, Kollegal Sub-division in R.A.No.82/2012-13 is set aside. The matter is remitted to the Assistant Commissioner for fresh consideration after issuing show-cause notice to the petitioners and affording them an opportunity of hearing. All contentions are kept open.
Law Points
- Principles of natural justice
- audi alteram partem
- show-cause notice requirement before declaring purchase void under Karnataka Land Reforms Act
- 1961
Case Details
2014 LawText (KAR) (08) 5
Writ Petition No.37824/2014 (KLR-RR/SUR)
Sri Tharanatha Shetty, K for petitioners; Sri R.B.Sathyanarayana Singh, HCGP for respondents 1 and 2; Sri Ajay M.D., Caveator for respondent 3
Sri Gurumallappa and Smt. L.Girijamma
The Assistant Commissioner, Kollegal Sub-division, The Tahsildar, Kollegal Taluk, and Sri J.Gopal
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Nature of Litigation
Writ petition challenging order of Assistant Commissioner declaring land purchase void under Karnataka Land Reforms Act.
Remedy Sought
Quashing of order dated 17.06.2014 passed by Assistant Commissioner, Kollegal Sub-division in R.A.No.82/2012-13.
Filing Reason
Impugned order was passed without issuing show-cause notice to petitioner No.2, violating principles of natural justice.
Previous Decisions
Assistant Commissioner declared purchase of land by petitioner No.2 as void under Sections 79A and 79B of the Act.
Issues
Whether the impugned order is violative of principles of natural justice for want of show-cause notice.
Submissions/Arguments
Petitioners argued that no show-cause notice was issued to petitioner No.2 regarding validity of purchase, hence no opportunity to show purchase was not contrary to Act.
Respondents' counsel fairly submitted that no show-cause notice was issued.
Ratio Decidendi
An order declaring a purchase of land as void under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961 cannot be sustained if passed without issuing a show-cause notice to the purchaser, as it violates the principles of natural justice. The purchaser must be given an opportunity to demonstrate that the purchase is not contrary to the provisions of the Act.
Judgment Excerpts
This writ petition is directed against the order dated 17.06.2014, wherein the Assistant Commissioner, Kollegal Sub-division has declared purchase of the land measuring 3 acres 99 cents by petitioner No.2 on 20th April 2011 as void on the ground that the purchase was violative of Sections 79A and 79B of the Karnataka Land Reforms Act, 1961.
The contention of the learned counsel for the petitioners is that, no show-cause notice was issued to petitioner No.2 re. validity of the purchase and therefore, the petitioners had no opportunity to show that the purchase was not contrary to the provisions of the Act.
Learned High Court Government Pleader fairly submits that no show-cause notice was issued to the petitioners before passing the impugned order.
In the circumstances, the impugned order cannot be sustained. It is accordingly set aside.
Procedural History
The Assistant Commissioner, Kollegal Sub-division passed an order on 17.06.2014 in R.A.No.82/2012-13 declaring the purchase of land by petitioner No.2 as void under Sections 79A and 79B of the Karnataka Land Reforms Act, 1961. Aggrieved, the petitioners filed Writ Petition No.37824/2014 before the High Court of Karnataka at Bangalore under Articles 226 and 227 of the Constitution of India. The petition was heard on merits by consent and disposed of on 27.08.2014.
Acts & Sections
- Karnataka Land Reforms Act, 1961: 79A, 79B
- Constitution of India: 226, 227
