- 1 - NC: 2025:KHC:6039 WP No. 501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 501 OF 2025 (KLR-RES) BETWEEN: J.P. VEERESH, S/O LATE J.B. PUTTEGOWDA AGED ABOUT 59 YEARS SRI. VEERABHADRESHWARA ESTATE, KADIDALU, DARADAHALLI POST, MOODIGERE TALUK, CHIKKAMAGALUR DISTRICT - 577 132. …PETITIONER (BY SRI. M.J. ALVA, ADVOCATE) AND: 1. THE TAHSILDAR MOODIGERE TALUK, MOODIEGERE CHIKKAMAGALUR DISTRICT - 577 132. 2. THE ASST. COMMISSIONER CHIKKAMAGALUR SUB -DIVISION CHIKKAMAGALUR - 577 132. 3. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR - 577 132. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6039 WP No. 501 of 2025 VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASHING THE IMPUGNED ORDER NO BAHU -CR 48/2023 DATED 18.12.2023 PASSED BY THE LEARNED ASST. COMMISSIONER. CHIKKAMAGALURU SUB-DIVISION, CHIKKAMAGALURU/ RESPONDENT NO. 2 WHICH IS PRODUCED AT ANNEXURE -A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed assailing the order passed by respondent No.2-Assistant Commissioner under Section 108K of the Karnataka Land Revenue Rules, 1966. 2. Heard learned counsel for the petitioner and learned AGA. Perused the records. - 3 - NC: 2025:KHC:6039 WP No. 501 of 2025 3. The petitioner has placed substantial reliance on the death certificate marked as Annexure-C to highlight a fundamental flaw in the proceedings leading to the impugned order. According to the petitioner, J.P. Lakshmamma, against whom the enquiry was initiated, passed away on 01.01.2023. Despite this, the records indicate that notice of the proceedings was allegedly served upon her, which raises serious concerns about the fairness and legality of the entire process. It is a well- established principle of natural justice that no adverse order can be passed against a deceased person, as such a proceeding would be null and void in the eyes of the law. The fact that the enquiry was conducted and the order was issued against an individual who was no longer alive at the relevant time renders the entire process fundamentally defective. Given this glaring irregularity, this Court is prima facie satisfied that the enquiry suffers from serious procedural lapses and that the impugned order cannot be sustained in law. - 4 - NC: 2025:KHC:6039 WP No. 501 of 2025 4. The petitioner further contends that J.P. Lakshmamma had applied for regularization of land by submitting an application in the prescribed format, as required under the applicable rules and regulations. Upon due consideration of her request, and following the necessary procedural formalities, the competent authority recommended her case for regularization. Pursuant to this recommendation, a saguvali chit was issued in her favor by the jurisdictional Tahsildar, as evidenced by the documents produced at Annexure-D and Annexure-E. The issuance of the saguvali chit signifies the recognition of her ownership over the land in question. Given these facts, the petitioner asserts that his ancestor was the rightful owner of the property and that the Assistant Commissioner's order, which disregards these vital documents, is unsustainable. The failure to afford the petitioner a proper opportunity to present his case constitutes a grave violation of the principles of natural justice. In light of these circumstances, this Court is of the considered view that the matter requires a fresh and fair - 5 - NC: 2025:KHC:6039 WP No. 501 of 2025 reconsideration by the Assistant Commissioner. The petitioner must be given a full and fair opportunity to substantiate his claim that his ancestor was the absolute owner of the property pursuant to the committee’s recommendation and the subsequent issuance of the saguvali chit by the competent authority. 5. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. The impugned order dated 18.12.2023, passed by respondent No.2-Assistant Commissioner, vide Annexure-A, is hereby quashed and set aside; iii. The matter stands remitted back to respondent No.2-Assistant Commissioner; iv. The petitioner is entitled to contest the proceedings; - 6 - NC: 2025:KHC:6039 WP No. 501 of 2025 v. The petitioner is also at liberty to produce the grant certificate and proceedings, which are evidenced at Annexure-D and E; vi. Respondent No.2-Assistant Commissioner, after affording an opportunity, shall look into the records and pass appropriate orders in accordance with law; vii. Since the petitioner is represented by counsel, he is directed to appear before respondent No.2- Assistant Commissioner on 12.03.2025 without expecting any further notice. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 28 CT: BHK