- 1 - NC: 2025:KHC:17297 WP No. 6906 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6906 OF 2025 (KLR-RES) BETWEEN: 1. SRI. B.C. BASAVARAJU S/O. CHANNABASAVEGOWDA AGED ABOUT 63 YEARS 2. SRI. B. R. KALA W/O. B. C. BASAVARAJU AGED ABOUT 50 YEARS BOTH ARE RESIDING AT BANADA HALLI, KASABA HOLBI BELURU TALUK-573 115. …PETITIONERS (BY Ms. HEENA .S.A, ADVOCATE FOR SRI. SHARATH S. GOGI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER HASSAN OFFICE OF THE DEPUTY COMMISSIONER HASSAN, KARNATAKA-573 201. 2. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA-573 134. 3. THE TAHASILDAR TAHASILDAR OFFICE BELURU TALUK, HASSAN-573 115. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17297 WP No. 6906 of 2025 4. SRI. HALAPPA H.G. S/O. LATE GANGADHARAPPA HEBBALU GRAMA, HALEBIDU HOBLI BELURU TALUK-573 115. 5. SRI. H. M. THIRTHANAND S/O. MALLEGOWDA SOMANAHALLI GRAMA MADIHALLI HOBLI, BELURU TALUK-573 115. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP FOR R1 TO R3; SRI. K. SHIVASHANKAR, ADVOCATE FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.12.2024 PASSED BY THE R-1 IN RP NO. 105/2023-24 AND THE ORDER DATED 24.01.2024 PASSED BY THE R-2 AS TO REVOKING THE GRANT LAND (ANNEXURE-A AND B) AND DIRECT THE RESPONDENTS TO PAY THE COSTS OF THIS PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The prayer in this writ petition is to quash the impugned order dated 03.12.2024 passed by respondent No.1 - Deputy Commissioner in R.P.No.105/2023-24 and the order dated 24.01.2024 passed by respondent No.2 - Assistant Commissioner in NCR (C.B) 150/2022-23. - 3 - NC: 2025:KHC:17297 WP No. 6906 of 2025 2. A grant was made on the ground that the petitioner No.1 was in unauthorized occupation in 1998. However, the grant of the year 1998 has sought to be cancelled in the year 2024 on the basis of the complaint raised by the contesting private respondents. 3. The Assistant Commissioner as well as Deputy Commissioner accepted their claim and cancelled the grant on the ground that petitioner No.1 was appointed as a Teacher on 13.08.1991 and therefore, he could not have been eligible for the grant made in the year 1998. In fact, the reasoning of the Deputy Commissioner reads as under; "ೕಲನಾರ ೆ ಾಂಕ 12-03-1998 ರಂದು ಜೕನು ಮಂಜೂಾದು, ಸದ ಯವರು ಸಾ ೇ ೆೆ ಾಂಕ 13-08-1991 ರಂದು ೇ ರುವ!ಾ "ೇತ$ %&'ಾ(ಾ , )ೇಲೂರು ರವರು ಾಂಕ 26-10-2015 ರಂದು ದೃ+ೕಕರಣ -ೕ.ರುವ!ದು ಕಂಡುಬರುತ1ೆ. ಇದ ಂಾ ಸಾ ೇ ೆ ಸ34ಸು51ದ ಅವ(ಯ34 ಜೕನು ಮಂಜೂಾ5 ಪ8ೆ ರುವ!ದು ದೃಢಪಡುತ1ೆ. ಅಲ4ೆ ಎಂ.ಆ<.4/90-91 ರಂ=ೆ >ಾಲುಪ?@ ೕೆ )ೇಲೂರು =ಾಲೂ4ಕು, ಕಸ)ಾ ºÉÆç½, PÉÆÃqÀ£À½î UÁæªÀÄzÀ ¸À.£ÀA 28/2 gÀ°è 01-25 JPÀgÉ, ¸À.£ÀA 45/2 gÀ°è 0-28 ಗುಂBೆ, ಸ.ನಂ 44 ರ34 01-00 ಎಕೆ Dಾಗೂ ಸ.ನಂ 18/5 ರ34 0-11 ಗುಂBೆ ಒಟು@ 03-24 ಎಕೆ GಡುವH ಜೕನನುI Dೊಂ ದರೂ ಸುಳKL MಾG5 -ೕ. 04-38 ಎಕೆ ಜೕನನುI ಮಂಜೂರು Mಾ.Oೊಂ.ರುವ!ದು - 4 - NC: 2025:KHC:17297 WP No. 6906 of 2025 ಕಂಡು ಬರುತ1ೆ. ಆದ ಂದ ಉಪQಾಾ(ಾ , ಸಕRೇಶಪ!ರ ರವರ ಆೇಶ ಸಮಪಕ ಾೆ ಎಂದು ಅT>ಾ$UO ಈ ೆಳಕಂಡ ಆೇಶ. DzÉñÀ ೕಲನಾರರ ೕಲನಯನುI ವWಾೊHOೆ. ಉಪQಾಾ(ಾ ಗಳK, ಸಕRೇಶಪ!ರ ಉಪQಾಗ, ಸಕRೇಶಪ!ರ ರವರ ಆೇಶ ಸಂXೆY. ಎZ.O.ಆ<(ಾY.)ೇ):150/2022-23, ಾಂಕ:24-01- 2024 ನುI ಎ51G. ೆ. ೕಲನಾರಾದ [.O.ಬಸವಾಜು ರವರು ತಪ!\ MಾG5 -ೕ. ಜೕನು ಮಂಜೂಾ5 ಪ8ೆ ರುವ!ದ ಂದ ಸಂಬಂಧಪಟ@ವರ ರುದ^ ಸೂಕ1 ಕ$ಮೈೊಳLಲು "ೇತ$ %&'ಾ(ಾ , )ೇಲೂರು =ಾಲೂ4ಕು, )ೇಲೂರು ರವ ೆ ಸೂ`Oೆ. ಈ ಆೇಶವನುI ಉಕ1Rೇಖನ -ೕ. ಪ ಷc Oದ ನಂತರ ಾಂಕ: 03- 12-2024 ರಂದು =ೆೆದ ಾYdಾಲಯದ34 ಬGರಂಗ ಾ eೂೕfಸRಾUತು." 4. The learned AGA was directed to secure records and on perusal of the records would indicate that the petitioner No.1 was in possession of this particular property way back in the year 1986 and the proceedings had been initiated for imposition of a fine, which was also contested by the petitioners. This particular fact would by itself indicate that the petitioners were in occupation of the land though unauthorizedly much prior to the date on which he was appointed as a Teacher i.e., on 13.08.1991. - 5 - NC: 2025:KHC:17297 WP No. 6906 of 2025 5. It is settled law that in order to test the eligibility of an applicant for grant of land, the date of the application would be relevant and not any subsequent events. If the petitioners were in unauthorized occupation in the year 1986 itself but secured the job in the year 1991, this would have no bearing. More so, when the grant has been made on the ground that he was in unauthorized occupation for a certain period preceding to the grant. 6. Furthermore, in my view, the initiation of proceedings nearly 26 years after the grant was made would be wholly irrational and cannot be entertained. A land granted to an applicant on the ground that he is unauthorized occupation, which is continued to be in possession for more than 26 years thereafter cannot be disturbed and that too at the instance of rival claims. The power to cancel the grant should have been exercised within a reasonable time and at any rate, could not have been exercised after 26 years. In that view of the matter, - 6 - NC: 2025:KHC:17297 WP No. 6906 of 2025 I have no hesitation to quash the impugned order passed by the Assistant Commissioner as well as Deputy Commissioner. 7. Hence, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned order dated 03.12.2024 passed by respondent No.1 - Deputy Commissioner in R.A.No.105/ 2023-24 and the order dated 24.01.2024 passed by respondent No.2 - Assistant Commissioner in NCR (C.B) 150/2022-23 as per Annexures-A and B are hereby quashed. SD/- (N S SANJAY GOWDA) JUDGE NBM List No.: 1 Sl No.: 5