Tahasildar issued an eviction notice under Section 192A of the Karnataka Land Revenue Act without prior inquiry against land allegedly Gomala. The High Court quashed the notice, holding it unsustainable absent inquiry, and directed the Tahasildar to hold a detailed inquiry with opportunity to the petitioner before passing orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:38150 WP No. 24562 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 24562 OF 2024 (KLR-RES)
BETWEEN:
…PETITIONER
(BY SRI. SATHISHA D.J., ADVOCATE)
AND:
REPRESENTED BY ITS SECRETARY
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
BENGALURU – 560001.
NC: 2024:KHC:38150 WP No. 24562 of 2024
SAKALESHPURA TALUK HASSAN DISTRICT-573127
…RESPONDENTS
(BY SRI. HARISH A.S., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE AT ANNX-D BEARING NO. LND(KA)130/2024-25 DATED 04.07.2024 ISSUED BY THE TAHASILDAR R-2 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA accepts notice for the respondents No.1 to 3.
of a property identified as Assessment No.5383/322, Ward No.21 measuring 1200 square feet, out of which 253 square feet is located at Achangi, Sakaleshpura Town, Hassan District. The petitioner claims that this property was allocated by the Malali Mandal Panchayath in favour of
the vendor of the petitioner. To support this claim, the petitioner has produced property assessment register as
per Annexure-A. Moreover, the petitioner contends that a house has been constructed on this land, and that he has been consistently paying property taxes to the Gram Panchayath. This is substantiated by property tax register and tax paid receipt marked as Annexures-B and C respectively. Additionally, the petitioner asserts that he has obtained an electricity connection for the property and has been regularly paying the associated bills.
property is part of what is known as Gomala land. The AGA contends that the documents upon which the petitioner is basing their claim of title are not valid, as the Gram Panchayath does not have jurisdiction over Gomala land. It is argued that the Gram Panchayath lacks the authority to divert revenue land for other uses, and any such allocation or grant made by the Panchayath is therefore without legal standing and jurisdiction.
prior inquiry. The documents submitted by the petitioner along with the writ petition indicate, at least on a prima facie basis, that the petitioner’s claim to the property is rooted in a grant or allotment made by the Gram Panchayath. The petitioner must be given an opportunity to prove that the property in question is not part of Gomala land. Simultaneously, it is incumbent upon Respondent No.2 to thoroughly verify whether the disputed property is indeed part of Gomala land. Only after such a detailed inquiry, in which the petitioner is given a fair chance to present evidence, should Respondent No.2 proceed to pass any orders. Prima facie , the impugned eviction notice, having been issued without an inquiry, is unsustainable.
the following:
ORDER
i. The writ petition is allowed.
ii. The impugned eviction notice bearing No.LND(KA):130/2024-25 dated 04.07.2024 issued by respondent No.2 - Tahasildar as per Annexure-D is hereby quashed.
iii. The petitioner shall appear before Respondent No.2/Tahasildar on 14.10.2024. The petitioner is at liberty to submit all relevant documents in support of his contention.
iv. Respondent No.2/Tahasildar, after hearing the petitioner, shall pass appropriate orders in accordance with the law within an outer limit of three months from the date of receipt of the certified copy of this order. Until such time, Respondent No.2/Tahasildar shall not take any further action.
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
ST
List No.: 1 Sl No.: 12
1 issue framed by the court
Whether an eviction notice under Section 192A of the Karnataka Land Revenue Act issued without prior inquiry is sustainable.
2 provisions across 2 enactments
Azeez alias Abdul Azeez S/o S.K. Mohammed
State of Karnataka, Department of Revenue
Tahasildar, Sakaleshpura
Assistant Commissioner, Sakaleshpura Sub-Division
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
