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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.DEVDAS
Ajay M C., Son Of Late Pankaja And Late M.V. Chandrashekar – Appellant
Versus
Deputy Commissioner Office, Giribhovipalya, Siddarthanagar, Mysuru – Respondent
ORDER :
R. DEVDAS, J.
Learned High Court Government Pleader takes notice for respondents Nos.1, 2 and 72. Learned counsel, Ms.G.K.Bhavana, has entered appearance for contesting respondent Nos.3 and 4. Notice to respondent Nos.5 to 71 may not be necessary for the following reasons.
2. Learned counsel for the petitioners submits that by virtue of the orders passed by the Assistant Commissioner at Annexure-A dated 25.01.2024, for the first time directions were issued to the Tahsildar to enter the names of those persons who were granted occupancy rights at the hands of the Land Tribunal. Learned counsel submits that the Land Tribunal is said to have passed an order on 07.08.1981 and nothing is said about the delay and laches on the part of the respondents herein, who sought entry of their names pursuant to an order passed by the Land Tribunal in the year, 1981. Learned counsel submits that the petitioners were residing in the United States of America and they were not aware of the subsequent developments. The petitioners are seeking to raise a challenge to the said order passed by the Land Tribunal, which, even otherwise, does not contain any details of the extent of land conferring occup
The court held that recent amendments to the Karnataka Land Revenue Act provide an avenue for appeal against the Deputy Commissioner's orders, making thus the writ petition inappropriate.
Ensuring due process under the Karnataka Land Reforms Act is paramount; failure to conduct necessary enquiries requires remittance for review.
The court upheld the principles of acquiescence and waiver, ruling that a prolonged failure to challenge a legal order extinguishes the right to contest it, especially after earlier claims have been ....
The court emphasized the fundamental principle of natural justice requiring notice and opportunity to be heard before a decision affecting rights is made, leading to remand of the case for fresh cons....
Procedural impropriety in granting occupancy rights without a formal inquiry violates legal standards.
Timely challenges to tribunal orders are essential; significant delay without justification can undermine claims for relief.
(1) Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands.(2) Order of remand cannot be passed as a matter of course ....
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