Case Note & Summary
The petitioner, Smt. Rukmaniyamma @ Rukkamma, along with her daughter, filed an application under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, before the Assistant Commissioner, Bangalore South Sub-Division, against respondent No.5. The application alleged that property bearing No.320, measuring 2 acres, situated at Hulimangala village, Jigani Hobli, Anekal Taluk, belonging to the Government, was granted in favour of Chikkamandera, a person belonging to Scheduled Castes community, free of cost. The Assistant Commissioner passed an order dated 8.12.2008 in Case No.K.SC.ST (A) 74/2006-07, which was challenged by the petitioner in this writ petition filed under Articles 226 and 227 of the Constitution of India. The petitioner contended that the order was passed without giving her an opportunity of being heard, in violation of principles of natural justice. The High Court, after hearing the petitioner's counsel and the learned High Court Government Pleader, found that the impugned order was indeed passed without hearing the petitioner. Consequently, the court set aside the order and remanded the matter to the Assistant Commissioner for fresh disposal, directing that all parties be given an opportunity of hearing and that the matter be disposed of in accordance with law within three months from the date of receipt of the order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Natural Justice - Right to be Heard - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, Sections 4 and 5 - The petitioner challenged the order of the Assistant Commissioner passed without affording her an opportunity of hearing. The High Court held that the order was passed in violation of principles of natural justice and set it aside, remanding the matter for fresh disposal after hearing all parties. (Paras 1-3)
Issue of Consideration
Whether the Assistant Commissioner's order dated 8.12.2008 passed under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, without hearing the petitioner, is sustainable in law.
Final Decision
The writ petition is allowed. The order dated 8.12.2008 passed by the 2nd respondent - Assistant Commissioner, Bangalore South Sub-Division, in Case No.K.SC.ST (A) 74/2006-07 is set aside. The matter is remanded to the Assistant Commissioner for fresh disposal, after affording an opportunity of hearing to all the parties. The Assistant Commissioner is directed to dispose of the matter in accordance with law within three months from the date of receipt of the order.
Law Points
- Natural justice
- Right to be heard
- Remand for fresh consideration
- Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act
- 1978
- Sections 4 and 5
