- 1 - HC-KAR NC: 2025:KHC:45180 WP No. 31187 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 31187 OF 2016 (KLR-LG) BETWEEN: SRI U D CHANDRASHEKAR, S/O U.C. DEVAPPAGOWDA, AGED ABOUT 53 YEARS, AGRICULTURIST, R/AT UDAYAVARA VILLAGE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573134. …PETITIONER (BY SRI YASHWANTH C, ADVOCATE FOR SRI SADASHIVAIAH K G.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573127. 2. THE ASSISTANT COMMISSIONER, SAKALESHAPURA SUB-DIVISION, HASSAN DISTRICT-573134. 3. THE TAHASILDAR, SAKALESHAPURA TALUK, HASSAN DISTRICT-573134. …RESPONDENTS (BY SRI NEELAKANTAPPA K PUJAR, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION INDIA PRAYING TO CALL FOR THE RECORDS MODIFY THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL BY ALLOWING THE APPEAL NO.455/2009 DTD 11.3.2016 IN ITS ENTRIRETY AS PER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45180 WP No. 31187 of 2016 ANNEXURE-A TO THE WRIT PETITION BY GRANTING THE LAND BEARING SY NO.98 MEASURING 4.35 ACRES OF UADAYAVARA VILLAGE, BELAGODU HOBLI, SAKALESHWPURA TALUK, HASSAN DISTRICT. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This writ petition filed seeking writ of certiorari to quash the order passed by the Karnataka Appellate Tribunal (hereinafter referred as 'Tribunal') in Appeal No.455/2009 dated 11.03.2016, whereby the Tribunal allowed the appeal filed by the petitioner and set aside the order passed by the Deputy Commissioner in R.A.No.13/2008-09 dated 02.03.2009 and remitted the matter to respondent No.1 for a fresh enquiry as per law. 2. The grievance of the petitioner is that the Deputy Commissioner has passed the order considering Section 94(a)(4) of the Karnataka Land Revenue Act, 1964 and held that the petitioner was in possession of excess land as prescribed under the provision of the Act, without accepting the claim of the petitioner under Rule 16 of the Karnataka Land Grant Rules. - 3 - HC-KAR NC: 2025:KHC:45180 WP No. 31187 of 2016 3. Rule 16 of the Karnataka Land Grant Rules, reads as under, "16. Grant of land for cultivation of plantation crops.-(1) The grant of land for cultivation of plantation crops may be made to any person subject to the condition that the total holding under plantation crops of such person together with the area to be granted shall not exceed fifty hectares: Provided that:- (i) the extent of land granted for cardamom, coffee, tea and rubber cultivation shall not in the first instance exceed ten hectares; (ii) the extent of land granted for pepper cultivation shall not in the first instance exceed five hectares: Provided further the grant of lands under this rule is subject to the provisions of Rules 7 and 9. [(2) xxxxx.] (3) In respect of lands required for coffee cultivation, the Indian Coffee Board shall be consulted as to the fitness or otherwise of the - 4 - HC-KAR NC: 2025:KHC:45180 WP No. 31187 of 2016 lands for cultivation of coffee. If the Coffee Board is of the opinion that prima facie the land is fit for cultivation, the competent Officer may dispose of the application on merits. If the Coffee Board is not of such opinion, the application shall be rejected." 4. In view of the above provision the claim of the petitioner is required to be considered by Deputy Commissioner-respondent No.1 as directed by Tribunal after verifying the extent of land holdings of the petitioner in accordance with law. 5. With these observations, the writ petition is disposed of. However, it is made clear that the petitioner shall not be dispossessed from the subject land till the conclusion of such enquiry by the Deputy Commissioner. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 18