Sri.G.M. Chandrshekarappa v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22821 OF 2025 (KLR-RES) BETWEEN: SRI.G.M.CHANDRSHEKARAPPA S/O. MARALASIDDAPPA, AGED ABOUT 59 YEARS, RESIDENT OF GANGANAHALLI VILLAGE, PANCHANAHALLI HOBLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT – 577 182 …PETITIONER (BY SRI. RAMESHA M.S.,ADVOCATE) AND:

¶1STATE OF KARNATAKA REP BY IT SECRETARY REVENUE DEPARTMENT M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001

¶2ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION, by SHARADAVANI B Location: HIGH COURT OF KARNATAKA

TARIKRE, CHIKKAMAGALUR – 577 101

¶3TAHASILDHAR, KADUR, KADUR TQ, CHIKKAMAGALURU – 577 548 …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTICE ACK NO. RD005000062921 DATED 28.05.2025 PRODUCED AT ANNEXURE -Q ISSUED BY THE R2.DIRECTING THE RESPONDENTS NOT TO DISPOSES THE PETITIONER FROM THE LANDS IN QUESTION.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents.

¶2The petitioner is before this Court seeking the following reliefs:

" (i) Issue a writ in the nature of Certiorari quashing the Notice bearing Ack.No. RD005000062921 dated 28/05/2025 produced at Annexure-Q, issued by the respondent No.2.

(ii) Issue a writ in the nature of mandamus directing the respondent not to disposes the petitioner from the lands in question.

(iii) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity."

¶3It is the contention of learned counsel for the petitioner that the grant of the land made in favour of the petitioner's father is confirmed by the Tahsildar, despite which now, vide Annexure-Q, the Assistant Commissioner has issued notice under Rule 108K of the Karnataka Land Revenue Rules, 1966 (for short, "the said Rules") in order to cancel the grant made in favour of the petitioner.

¶4Learned Additional Government Advocate submits that what has been impugned is only show cause notice. The petitioner is always free to place such documents in his favour as may be available, which could

be considered by the respondent – Assistant Commissioner.

¶5In view of the said statement, the petitioner shall file his objections and all documents that he may rely upon to counter the notice issued at Annexure-Q. The Assistant Commissioner is also directed to afford personal hearing to the petitioner and thereafter, proceed to pass orders by following necessary procedure under the said Rules.

¶6With the above observation, the petition stands disposed of. Since the issue is relating to cancellation of grant, admittedly there is a grant which has been made in favour of the petitioner's father, until appropriate orders are passed on the show cause notice, it would be needless to say that the petitioner's possession over the subject land cannot be disturbed.

¶7Respondent – Assistant Commissioner will act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner,

without waiting for certified copy thereof. If respondent-Assistant Commissioner has any doubt about the order, he may verify the contents of the order from the website of this Court and or from the learned Additional Government Advocate.

¶8Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 32