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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Somascan Society (A Charitable Society Registered Under The Societies Registration Act, 1860) – Appellant
Versus
Chinnavenkatamma W/o Venkatesh – Respondent
| Table of Content |
|---|
| 1. procedure for challenging grant orders (Para 1 , 2 , 3) |
| 2. details of land grant and judicial history (Para 4 , 5 , 6 , 7) |
| 3. court's view on deputy commissioner’s powers (Para 8 , 10) |
| 4. forensic report negates claims of forgery (Para 12 , 13 , 14 , 15) |
| 5. legal remedies available for land disputes (Para 16 , 17) |
| 6. order to return original records (Para 18) |
JUDGMENT :
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present intra Court appeal has been filed impugning the judgment and order dated 19.02.2023 passed by the learned Single Judge in W.P.No.39809/2012 filed by the respondents.
2. The parties are referred to as per their ranking in the writ petition.
3. The appellants have also challenged the order dated 04.07.2014 passed in I.A.Nos.1, 2, 3 and 5 of 2013; I.A.Nos.2, 3, 4, 5, 6, 7, 9 and 10 of 2014 to recall the judgment and order dated 19.02.2023 as mentioned above.
4. The petitioners who filed the writ petition claim that they are the grantees of land in Survey No.44 of Mullur Village, Varthur Hobli, Bengaluru South Taluk. Before the grant was made in their favour, they were in possession of the said land which would be evident from the revenue records of 1967 to 196
The Deputy Commissioner cannot cancel land grants without proper authority and notice, and claims of forgery must be substantiated by credible evidence.
Fraud vitiates all judicial acts; claims of land ownership based on fraudulent documents cannot establish valid title.
The exercise of administrative powers under the Karnataka Land Revenue Act must occur within a reasonable time frame to protect property rights.
it was impermissible to Collector to have taken the entries nos.2208 and 2209 in suo motu revision after a period of almost close to five years. Therefore, the exercise of power by the Collector in t....
The main legal point established in the judgment is that the cancellation of a mutation must adhere to the principles of natural justice and statutory provisions, and the authority reviewing the muta....
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