- 1 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 45875 OF 2019 (KLR-RES) C/W WRIT PETITION NO. 45877 OF 2019 (KLR-RR/SUR) WRIT PETITION NO. 75 OF 2020 (KLR-RR/SUR) IN W.P.No.45875/2019: BETWEEN: A.A. NAVEEN KUMAR S/O IYYAPA, AGED ABOUT 47 YEARS R/AT KEDHAMULLURU GRAMA, VIRAJPET HOBLI, VIRAJPET TALUK, KODAGU DISTRICT-571 218. …PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. THE PRL. SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571 201. 3. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION, MADIKERI, KODAGU DISTRICT-571 201. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 4. TAHSILDAR VIRAJPET TALUK, VIRAJPET, KODAGU DISTRICT-571 201. 5. AKRAMA-SAKRAMA SAMITHI TALUK OFFICE, VIRAJPET TALUK, KODAGU DISTRICT-571 218. …RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN NO.RA/01/2015-16 PASSED BY THE R-2 DATED 8.5.2019 AND THE ORDER PASSED BY THE R-3 DATED 22.1.2015 BY CANCELLING THE GRANT MADE BY THE R-5 IN FAVOUR OF THE PETITIONER HEREIN DATED 23.10.2010 MEASURING 4 ACRES 74 CENTS AT LAND BERING SY NO.365/1 OF KEDAMULLURU VILLAGE, VIRAJPET HOBLI, VIRAJPET TALUK, KODAGU DISTRICT PRODUCED AT ANNEXURE-A AND B AND ETC. IN W.P. NO.45877/2019: BETWEEN: C.C. KUTTAPPA AGED ABOUT 66 YEARS, S/O. LATE CHANGAPPA, R/AT NANGAL VILLAGE, VIRAJPET HOBLI, VIRAJPET TALUK, KODAGU DISTRICT-571 218. ...PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 AND: 1. THE PRL. SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571 201. 3. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION, MADIKERI, KODAGU DISTRICT-571 201. 4. TAHSILDAR VIRAJPET TALUK, VIRAJPET, KODAGU DISTRICT-571 201. 5. AKRAMA-SAKRAMA SAMITHI TALUK OFFICE, VIRAJPET TALUK, KODAGU DISTRICT-571 218 REPRESENTED BY ITS SECRETARY. ..RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN NO.RA/09/2015-16 PASSED BY THE R-2 DATED 3.6.2019 AND THE ORDER PASSED BY THE R-3 DATED 8.1.2015 BY CANCELLING THE GRANT MADE BY THE R-5 IN FAVOUR OF THE PETITIONER HEREIN DATED 13.8.2010 MEASURING 4 ACRES 85 CENTS AT LAND BEARING SY.NO.239/2 OF NANGAL VILLAGE, VIRAJPET HOBLI, VIRAJPET TALUK, KODAGU DISTRICT PRODUCED AT ANNEXURE-A AND B AND ETC. - 4 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 IN W.P.NO.75/2020: BETWEEN: MACHAMADA SOMAIAH AGED ABOUT 83 YEARS, S/O LATE PONNAPPA, NITTOOR VILLAGE AND POST, VIRAJPET TALUK, KODAGU DISTRICT-571 201. ...PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. THE PRL. SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571 201. 3. THE ASSISTANT COMMISSIONER MADIKERI SUB-DIVISION, MADIKERI, KODAGU DISTRICT-571 201. 4. TAHSILDAR VIRAJPET TALUK, VIRAJPET, KODAGU DISTRICT-571 218. 5. AKRAMA-SAKRAMA SAMITHI TALUK OFFICE, VIRAJPET TALUK, KODAGU DISTRICT-571 218, REP. BY ITS SECRETARY. ...RESPONDENTS (BY SRI. NEELAKANTAPPA K. PUJAR, HCGP) - 5 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN NO.RA/159/2015-16 PASSED BY THE R-2, DATED 06.11.2019 AND THE ORDER PASSED BY THE R-3 ASSISTANT COMMISSIONER, MADIKERI SUB-DIVISION, MADIKERI, DATED 28.01.2016, BY CANCELLING THE GRANT MADE BY THE R-5 IN FAVOUR OF THE PETITIONER HEREIN DATED 06.09.2010, MEASURING 1.20 ACRES AT LAND BEARING SY.NO.81/12 OF NITTUR VILLAGE, BALELE HOBLI, VIRAJPET TALUK, KODAGU DISTRICT PRODUCED AT ANNEXURE-A AND B AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER In these writ petitions, the petitioners sought for a writ of certiorari to quash the impugned orders passed by respondent No.2 - Deputy Commissioner and the impugned orders passed by respondent No.3 - Assistant Commissioner, Madikeri Sub- Division, Madikeri, wherein the grant made in favour of the petitioners were cancelled. 2. The grievance of the petitioners is that land bearing Sy.No.365/1 measuring 4 acres 74 cents situated at Kedamulluru Village, Virajpet Hobli, Virajpet Taluk, Kodagu District was granted to the petitioner in W.P.No.45875/2019, - 6 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 the land bearing Sy.No.239/2 measuring 4 acres 85 cents situated at Nangala Village, Virajpet Hobli, Virajpet Taluk, Kodagu District was granted to the petitioner in W.P.No.45877/2019 and the land bearing Sy.No.81/12 measuring 1 acre 25 cents situated at Nittur Village, Balele Hobli, Virajpet Taluk, Kodagu District was granted to the petitioner in W.P.No.75/2020. These lands were granted to the petitioners by respondent No.5 - Committee for Regularization of Unauthorized Occupation, Virajpet Taluk, Kodagu District. Thereafter, Saguvali Chit was issued by the concerned Tahsildar to the petitioners and their names were mutated in the mutation register with respect to their respective lands. Accordingly, the petitioners were put in possession of their respective lands and were growing coffee. 3. Things stood thus, the Assistant Commissioner based on the report of the Tahsildar, in a suo moto proceedings cancelled the grants made in favour of the petitioners under Rule 108K of the Karnataka Land Revenue Rules, 1966 (for brevity "the KLR Rules") vide impugned orders. The said orders were questioned by the petitioners before the Deputy Commissioner. However, the Deputy Commissioner has also - 7 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 rejected the appeals filed by the petitioners by affirming the orders passed by the Assistant Commissioner. 4. It is the contention of the learned counsel for the petitioners in all the writ petitions that the Committee for Regularization while granting the subject lands in favour of the petitioners, verified the cultivation mode and granted the occupancy right. By relying on the record of rights, learned counsel submits that in Column 12(2), it is clearly stated that the petitioners were the cultivators of subject lands and they claim that they were growing coffee. In such circumstance, without extending sufficient opportunity to the petitioners to put forth their case by placing relevant documents, the Assistant Commissioner in suo moto proceedings invoked the provisions under Rule 108K of the KLR Rules and unilaterally cancelled the grants made in favour of the petitioners. He also contended that the Deputy Commissioner, without appreciating the contention of the petitioners passed the impugned orders. As such, he prays to quash the impugned orders by allowing the writ petitions. 5. Per contra, learned HCGP contended that the Assistant Commissioner has extended sufficient opportunity to - 8 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 the petitioners and also by relying on the report of the Tahsildar, has rightly cancelled the grants made in favour of the petitioners by invoking the provisions under Rule 108K of the KLR Rules and the Deputy Commissioner has rightly affirmed the said orders. Accordingly, he prays to dismiss the writ petitions. 6. I have heard the learned counsel for the respective parties and also perused the documents made available before me including the impugned orders. 7. As could be gathered from records, the lands in question was granted to the petitioners by respondent No.5 - Committee for Regularization of Unauthorized Occupation, Virajpet Taluk, Kodagu District. Thereafter, the Tahsildar issued Saguvali Chit. The grant orders clearly depict that, the petitioners by encroaching the subject lands were cultivating coffee and based on their applications for regularization, the Committee granted the said lands in their favour under Section 94-A and 94-B of the KLR Act. Accordingly, Saguvali Chit was issued and they were cultivating the same by growing coffee ever since 2010. The Assistant Commissioner cancelled the - 9 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 grants primarily on the ground that the subject lands come within the purview of lands under Section 94-A and Section 79(2) of the KLR Act and as such, the same cannot be regularized. No doubt, the Assistant Commissioner is empowered to cancel the unlawful grants under Rule 108K of the KLR Rules, nevertheless, he is duty bound to extend sufficient opportunity to the grantees to put forth their claim by placing relevant documents. In such circumstance, without extending sufficient opportunity, the Assistant Commissioner ought not to have cancelled the grants relying on the report of the Tahsildar without conducting proper enquiry. The impugned orders clearly depict that the petitioners have not placed relevant documents before the Assistant Commissioner. As such, in my considered view, the matters require reconsideration at the hands of the Assistant commissioner by extending opportunity to the petitioners to put forth their claim by placing relevant documents. Accordingly, I proceed to pass the following: ORDER i. The writ petitions are allowed. ii. The impugned orders dated 08.05.2019, 03.06.2019 and 06.11.2019 passed by - 10 - HC-KAR NC: 2025:KHC:48852 WP No. 45875 of 2019 C/W WP No. 45877 of 2019 WP No. 75 of 2020 respondent No.2 - Deputy Commissioner vide Annexure-'A' and impugned orders dated 22.01.2015, 08.01.2015 and 28.01.2016 passed by respondent No.3 - Assistant Commissioner, Madikeri Sub-Division, Madikeri vide Annexure-'B' are quashed. iii. The matters are remitted back to respondent No.3 - Assistant Commissioner, Madikeri Sub- Division, Madikeri, Udupi District for fresh consideration of the cancellation proposal forwarded by the Tahsildar in respect of subject lands granted to the petitioners, at the earliest. iv. It is made clear that till disposal of the proceedings, the petitioners shall not be dispossessed from the subject lands and the name of the Government shall not be entered in the revenue records. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 37