- 1 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 52580 OF 2019 (KLR-RR/SUR) BETWEEN: 1. G K PONNAPPA S/O G.P.KRISHNAPPA, AGED ABOUT 61 YEARS, 2. LEELA KUMARI W/O G.P.KRISHNAPPA, AGED ABOUT 57 YEARS, BOTH ARE RESIDING AT KANBAILU VILLAGE & POST, SUNTIKOPPA HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571 236 …PETITIONERS (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 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 3. THE ASSISTANT COMMISSIONER MADIKERI SUB-DIVISION, MADIKERI, KODAGU DISTRICT-571 201 4. TAHSILDAR SOMWARPET TALUK, SOMWARPET, KODAGU DISTRICT-571 236 5. AKRAMA-SAKRAMA SAMITHI TALUK OFFICE, SOMWARPET TALUK, KODAGU DISTRICT-5712 36 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN NO.RA/25/2015-16 PASSED BY THE R-2 DTD.19.8.2019 AND THE ORDER PASSED BY THE R-3 ASSISTANT COMMISSIONER, MADIKERI SUB-DIVISION MADIKERI DTD.9.12.2014 BY CANCELLING THE GRANT MADE BY THE R-5 INFAVOR OF THE PETITIONERS HEREIN DTD.13.4.2010 MEASURING 0.95 CENTS AT LAND BERING SY NO.104/1 OF KANBAILE VILLAGE, SOMWARPET TALUK, KODAGU DISTRICT PRODUCED AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 ORAL ORDER In this writ petition, the petitioners sought a writ of certiorari to quash the order dated 19.08.2019 passed by respondent No.2 - Deputy Commissioner and order dated 09.12.2014 passed by respondent No.3 - Assistant Commissioner, Madikeri Sub-Division, Madikeri. 2. The grievance of the petitioners is that the land bearing Sy.No.104/1 measuring 0.95 cents situated at Kanbailu Village, Suntikoppa Hobli, Somwarpet Taluk, Kodagu District (for brevity, "the subject land") was granted in favour of the petitioners by the Committee for Regularization, Somwarpet Taluk, Kodagu District - respondent No.5 vide order dated 13.04.2010. Thereafter, Saguvali Chit was also issued by the concerned Tahsildar to the petitioners on-redeemed sagu coffee. Accordingly, the petitioners were put in possession of the subject land 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 grant made in favour of the petitioners vide order dated 09.12.2014 under Section 108K of the Karnataka Land - 4 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 Revenue Rules, 1966 (for brevity "the KLR Rules"). The said order was questioned by the petitioners before the Deputy Commissioner, however, the Deputy Commissioner has also rejected the appeal filed by the petitioners by affirming the order passed by the Assistant Commissioner. 4. It is the contention of the learned counsel for the petitioners that the Committee for Regularization while granting the subject land in favour of the petitioners, verified the cultivation mode and granted the occupancy right. By relying the record of rights dated 10.12.2012, learned counsel submits that in Column 12(2), it is clearly stated that the petitioners were growing coffee in the subject land. 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 Section 108K of the KLR Rules and unilaterally cancelled the grant made in favour of the petitioners. 5. He also contended that the Deputy Commissioner, without appreciating the contention of the petitioners passed - 5 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 the impugned order. As such, he prays to quash the impugned order by allowing the writ petition. 6. Per contra, learned HCGP contended that the Assistant Commissioner has extended sufficient opportunity to the petitioners and also by relying on the report of the Tahsildar, has rightly cancelled the grant made in their favour by invoking the provisions under Section 108K of the KLR Rules and the Deputy Commissioner has rightly affirmed the said order. Accordingly, he prays to dismiss the writ petition. 7. I have heard the learned counsel for the respective parties and also perused the documents made available before me including the impugned order. 8. As could be gathered from records, the land in question was granted to the petitioners on 13.04.2010 by the Committee for Regularization of Kanbailu Village, Suntikoppa Hobli, Somwarpet Taluk. Thereafter, the Tahsildar issued Saguvali Chit. The grant order clearly depicts that under on- redeemed sagu coffee scheme, the subject land was granted to the petitioners. The RTC also depicts that the petitioners were - 6 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 growing coffee in the said land. The Assistant Commissioner cancelled the grant primarily on the ground that the subject land comes 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 grant under Rule 108K of the KLR Rules, nevertheless, he is duty bound to extend sufficient opportunity of being heard to the grantee and to place the relevant documents. Admittedly, the subject land was granted in favour of the petitioners in the year 2010 and the Saguvali Chit was issued in favour of the petitioners and they were in possession and cultivation of the subject land. In such circumstance, without extending sufficient opportunity, the Assistant Commissioner ought not to have cancelled the grant by relying on the report of the Tahsildar. The impugned order clearly depicts that the petitioners have not placed relevant documents before the Assistant Commissioner. As such, in my considered view, the matter requires 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: - 7 - HC-KAR NC: 2025:KHC:48555 WP No. 52580 of 2019 ORDER i. The writ petition is allowed. ii. The order dated 19.08.2019 passed by respondent No.2 - Deputy Commissioner vide Annexure-A and order dated 09.12.2014 passed in by respondent No.3 - Assistant Commissioner, Madikeri Sub-Division, Madikeri vide Annexure-B are quashed. iii. The matter is remitted back to the Assistant Commissioner, Madikeri Sub-Divison, Madikeri, Udupi District for fresh consideration of the cancellation proposal forwarded by the Tahsildar in respect of subject land bearing Sy.No.104/1 measuring 0.95 cents situated at Kanbailu Village, Suntikoppa Hobli, Sonwarpet Taluk, Kodagu District, 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 land 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.: 14