- 1 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18389 OF 2025 (KLR-LG) BETWEEN: MR.N.J RANGAPPA AGED ABOUT 74 YEARS, S/O LATE JAVARAIAH RESIDING AT NERALIGE VILLAGE AND POST JAWAGAL HOBALI, ARASIKERE TALUK HASSAN DISTRICT - 573125 …PETITIONER (BY SRI P.P. HEGDE, SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 577101. 3. THE ASSISTANT COMMISSIONER CHIKMAGALUR DIVISION CHIKKAMAGALURU - 577101. 4. THASILDAR, CHIKMAGALUR TALUK CHIKKAMAGALURU DISTRICT - 577101. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 5. DEPUTY CONSERVATOR OF FOREST CHIKMAGALUR DISTRICT CHIKKAMAGALURU - 577101. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEARING NO. LND.NI AAR.218/88-89 DTD. 27.08.1988 PASSED BY DEPUTY COMMISSIONER / R-2 VIDE ANNX-C CANCELLING THE GRANT ORDER DTD. 30.09.1982 ANNX-C1 ISSUED IN FAVOUR THE PETITIONERS FATHER / MR.JAVARAIAH TO AN EXTENT OF 9 ACRES IN SURVEY NO. 366 OF SUGUDAVANI VILLAGE UNDER THE KARNATAKA LAND GRANT RULES, 1969 AS PER ORDER BEARING NO. LND JH SC 17/81-82 AND RESERVED THE LAND FOR FOREST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The learned Additional Government Advocate takes notice for the respondents. 2. Sri P.P.Hegde, learned Senior Counsel for the petitioner submits that the petitioner herein had approached this Court in WP Nos.11067-11068/2017 along with another petitioner, Sri M Guruswamy seeking a direction to the Deputy Commissioner, Chickmagaluru District to consider the representation given by the petitioners for mutating the revenue records, and entering the name of the petitioners having regard to the grant made in their favour in the year - 3 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 1984. The writ petitions were accordingly disposed of on 19th September, 2019 directing the Deputy Commissioner, Assistant Commissioner and Tahsildar to consider the representation given by the petitioners within an outer limit of three months. Since no order was passed by the said respondents, the petitioner once again approached this Court in WP No.1388/2021. Attention of this Court is drawn to the order passed by this Court in WP No.1388/2021 at Annexure-B. 3. It is pointed out from Annexure-B, which contains the order passed by this Court, that on 19.3.2021 although a submission was made by the learned Additional Government Advocate that the application filed by the petitioner for issuance of saguvali chit was rejected on the ground that the same is a forest land, this Court permitted the petitioner to implead the Forest Department as party to the proceedings as respondent. However, no such order of cancellation or rejection of the application was placed before this Court. For the first time on 28.4.2025, a copy of the order passed by the Deputy Commissioner on 27.8.1988 as found at Annexure-C was furnished to the petitioner, and therefore, this writ petition has been filed challenging the said order passed by the Deputy - 4 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 Commissioner on 27.8.1988 on the ground that such an order was passed without notice to the petitioner or petitioner's father, and a copy of the same was also not handed over to the petitioner or to his father. 4. 4. The learned Senior Counsel for the petitioner submits that for the first time the impugned order of the year 1988 was handed over to the petitioner during the course of proceedings in WP No.1388/2021 on 28.4.2025 and this is sufficient to allow this writ petition by setting aside the order passed by the Deputy Commissioner, which was without notice to the petitioner. 5. There is substance in the submission made by the learned Senior Counsel for the petitioner. The fact remains that for the first time, the impugned order dated 27.8.1988 said to have been passed by the Deputy Commissioner was furnished to the petitioner during the course of the other writ petition. Since it is clear that at no point of time, earlier such a contention was raised at the hands of the respondents in the two proceedings, and for the first time, the impugned order said to have been passed by the Deputy Commissioner on - 5 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 27.8.1988 was furnished to the petitioner on 28.4.2025, the impugned order cannot be sustained. 6. Accordingly, the writ petition is partly allowed. The impugned order dated 27.8.1988 at Annexure-C passed by the Deputy Commissioner, Chickamagalur District is hereby quashed and set aside. 7. It is also noticeable that the power of cancellation of grant in terms of Rule 108K of the Karnataka Land Revenue Rules, 1966 is available with the Assistant Commissioner and not the Deputy Commissioner. 8. In that view of the matter, liberty is reserved to the respondent - State and the 3rd respondent - Assistant Commissioner, Chickamagalur Sub-Division to initiate the proceedings under Rule 108K of the Karnataka Land Revenue Rules, 1966, if so advised, seeking cancellation of the grant made in favour of the petitioner's father. 9. In the meanwhile, the revenue entries shall be restored in the name of the original grantee, within a period of - 6 - HC-KAR NC: 2025:KHC:33539 WP No. 18389 of 2025 two months from the date of receipt of certified copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE Bkm List No.: 1 Sl No.: 39