- 1 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12651 OF 2023 (KLR-RES) BETWEEN: SRI. HALESH, S/O LATE NANJEGOWDA, AGED ABOUT 46 YEARS, R/AT VAGINAKERE VILLAGE, KASABA HOBLI, BELURU TALUK – 573 115, HASSAN DISTRICT. …PETITIONER (BY SRI. SHANTHAKUMAR K. C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, AMBEDKAR VEEDI, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN – 573 201. 3. THE ASSISTANT COMMISSIONER, SAKELESHPURA SUB DIVISIONS, SAKALESHPURA – 573 127, HASSAN DISTRICT. 4. THE TAHASILDAR, BELUR TALUK – 573 115, BELUR, HASSAN DISTRICT. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.03.2023 IN NO.NCR14/2019-20 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order at Annexure-P dated 02.03.2023 passed by the respondent- Assistant Commissioner, Sakaleshpura Sub-Division, Sakaleshpura, cancelling the grant made in favour of the petitioner on the ground that the petitioner was holding excess lands. 2. Learned High Court Government Pleader submits that an order passed by the Assistant Commissioner invoking Rule 108K read with Section 49 of the Karnataka Land Revenue Act, 1964 and the Rules thereunder, is appealable before the Deputy Commissioner under Section 50 of the Act. - 3 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 3. Learned Counsel for the petitioner submits that although details of the land holdings are given in the impugned order stating that the petitioner's wife was holding 3 Acres and 34 Guntas in Survey No.97 and another extent of 14 Guntas in Survey No.67 and that the petitioner himself was holding 30 Guntas in Survey No.60 and another extent of 1 Acre and 3 Guntas in Survey No.65 and totally 6 Acres and 1 Gunta were the holding of the petitioner and his wife, nevertheless, no provision of law is discussed by the Assistant Commissioner to say what is the prohibition imposed by law. No opportunity of hearing was given to the petitioner before passing the impugned order. 4. Learned High Court Government Pleader would however point out to the impugned order where the copy of the notice sent to the petitioner has been extracted to show that notice was issued to the petitioner. - 4 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 5. However, this Court finds that this writ petition was filed on 15.06.2023 raising a challenge to the impugned order which was passed on 02.03.2023 and interim order of stay was passed by this Court on 21.06.2023, which continues till date. That being the position, this Court is of the considered opinion that the matter cannot be relegated to the Deputy Commissioner at this point of time. 6. This Court is of the considered opinion that the impugned order is bereft of any material provision which would make the petitioner ineligible to seek grant. Although it is true that the Assistant Commissioner has extracted the information placed before the Assistant Commissioner that the petitioner and his wife were totally holding 6 Acres and 1 Gunta of land, nevertheless, the Assistant Commissioner has failed to discuss the relevant provision of law, which would place a bar on the petitioner for seeking grant. It is also a fact that the petitioner has - 5 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 not participated in the proceedings, although notice is said to have been served on the petitioner. 7. In that view of the matter, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 02.03.2023 at Annexure-P, passed by the Assistant Commissioner is hereby quashed and set aside while remitting the matter back to the Assistant Commissioner for fresh consideration. (iii) The petitioner shall also appear before the Assistant Commissioner on 24.09.2025, without waiting for further notice. The Assistant Commissioner shall commence hearing on 24.09.2025. - 6 - HC-KAR NC: 2025:KHC:34612 WP No. 12651 of 2023 (iv) The petitioner shall place on record any information that he would like to rely upon to support his contention that the petitioner was not holding any excess land as on the date when the application was filed. (v) The Assistant Commissioner shall hear the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible and at any rate within a period of 3 months from 24.09.2025. 8. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL