Sri. D. Harshendra Kumar v. the Assistant Commissioner
Case brief
What is this about?
High Court order in writ petition seeking quashing of land grant cancellation proceedings. Court held that petitioner must establish he was not a sufficient holder before proceedings can flourish and granted disposal of writ without examining merits.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.42434/2016 (KLR - LG)
BETWEEN:
SRI.D.HARSHENDRA KUMAR, S/O LATE SRI.RATHNAVARMA HEGGADE, AGED 62 YEARS, DHARMASTHALA – 574 216, BELTHANGADY TALUK, D.K.
… PETITIONER
(BY SRI.CHANDRANATH ARIGA K., ADV.)
AND:
THE ASSISTANT COMMISSIONER, PUTTUR SUB DIVISION, PUTTUR – 574 201, D.K.
… RESPONDENT
Issues for consideration
3 issues framed by the court
Whether the High Court should quash the proceedings initiated for cancellation of land grant without the petitioner first establishing the defence that he was not a sufficient holder.
Whether the initiation of cancellation proceedings 35 years after the grant is per se unsustainable in law.
Whether the Assistant Commissioner can independently consider the petitioner's defence without being bound by the statement of objections filed before the Court.
Parties & counsel
- petitioner
Sri.D.Harshendra Kumar
- respondent
The Assistant Commissioner, Puttur Sub Division
Coram
N.S.Sanjay Gowda
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · July
- Registered
- Case no.
- WP/42434/2016
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