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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
ASHOK S. KINAGI
Jayashree W/o Sangram Julai – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. facts regarding the disputed order (Para 2 , 3) |
| 2. arguments from both parties about jurisdiction and notice (Para 4 , 6 , 7) |
| 3. court's examination of the case and principles of natural justice (Para 5 , 8 , 9) |
| 4. legal interpretation of section 103 of the act (Para 10 , 11 , 12) |
| 5. final judgment and directions (Para 13) |
ORDER :
ASHOK S. KINAGI, J.
This writ petition is filed seeking following relief:
a) Issue writ of certiorari/order/direction quashing the memo/order issued by 4th respondent- Tahsildar in File No.REVENUE/LND/CR-144/2024- 25 Dated 07.01.2025 vide Annexure-K to the writ petition.
b) Issue any order/direction as deemed fit and proper by this Hon’ble Court directing the respondents to pay the cost of the present writ petition to the petitioners.
2. The brief facts leading rise to filing of this writ petition are as under:
(a) The respondent Nos.8 and 10 to 15 submitted an application to the respondent No.4 with a request to form a pathway from the Eastern side boundary of the petitioners land where nala flows from South-
North direction and contended that the petitioner No.4 has closed the said pathway about six years ago.
(b) The respondent No.4 issued a memo
The Deputy Commissioner has exclusive jurisdiction to handle encroachment disputes under the Karnataka Land Revenue Act, and failure to provide notice constitutes a violation of natural justice.
Pending land reclassification application must be decided before directing removal of alleged encroachment.
Only civil courts have jurisdiction to determine ownership and rights over land, while administrative authorities must adhere to the statutory framework, as established in this case.
The necessity of providing a fair hearing and due process before making administrative decisions affecting individuals' rights under the Karnataka Land Revenue Act.
The Tahsildar's declaration of land as Government property was unlawful due to lack of jurisdiction and failure to comply with principles of natural justice.
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