- 1 - HC-KAR NC: 2026:KHC:1939 WP No. 36076 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 36076 OF 2025 (KLR-RES) BETWEEN: SMT. GOWRAMMA WIFE OF SRI. SRINIVASAPPA, AGED ABOUT 56 YEARS, RESIDING AT LAKSHMISAGARA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK, KOLAR DISTRICT - &PETITIONER (BY SRI. C. ANANTHA KUMAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KUMBARAHALLI, MULABAGAL ROAD, KOLAR DISTRICT, KOLAR - 563 101 2. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, NEAR COURT CIRCLE KOLAR DISTRICT, KOLAR - 563101. 3. TAHASILDHAR GULPETE, KOLAR TALUK, KOLAR DISTRICT, KOLAR - 563101 &RESPONDENTS (BY SRI. SESHU V., HCGP) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1939 WP No. 36076 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF LIKE NATURE QUASHING THE ORDER PASSED BY THE FIRST RESPONDENT IN LND.CR.NO.130/2025, DATED 21-07-2025 AT ANNEXURE - K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER R.DEVDAS J., (ORAL): Learned High Court Government Pleader takes notice for the respondents. 2. This is yet another case where this Court finds that the Assistant Commissioner, while considering an appeal under Section 49(a) read with Rule 108(K) of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as 'the Rules', for short) has cancelled the grant made in favour of the petitioner, while remanding the matter - 3 - HC-KAR NC: 2026:KHC:1939 WP No. 36076 of 2025 back to the Tahslldar for fresh consideration. The Deputy Commissioner before whom a second appeal is preferred under Section 50 of the Rules has also upheld the orders passed by the Assistant Commissioner. 3. This Court while considering similar cases has held that when power is conferred on the Assistant Commissioner to consider cancellation of a grant in terms of Rule 108(K) of the Rules, it is the Assistant Commissioner alone who can consider the appeal and set aside the grant. Question of referring the matter back to the Tahsildar for reconsideration would not arise. It is for the Assistant Commissioner to call for all required information and finally decide as to whether the grant made is proper or not and by invoking the provisions contained in Rule 108(K), the Assistant Commissioner can either cancel the grant or reject the appeal. 4. In that view of the matter, both the impugned orders at Annexures-J and K passed by the 2nd - 4 - HC-KAR NC: 2026:KHC:1939 WP No. 36076 of 2025 respondent-Assistant Commissioner and the 1st respondent-Deputy Commissioner are hereby quashed and set aside. 5. The matter stands remanded back to the Assistant Commissioner to reconsider the appeal in accordance with law and take a final decision. If any information is required in that process, information can be called for by the Assistant Commissioner from the Tahsildar or the Committee and of course, the petitioner also. Ordered accordingly. Sd/- (R DEVDAS) JUDGE PSJ List No.: 1 Sl No.: 6