The failure to provide notice to affected parties before making decisions on land mutation violates procedural fairness.

ORAL ORDER

Learned Additional Government Advocate takes notice for both the respondents.

2. This writ petition is an offshoot of an earlier petition in W.P.No.10385 of 2024. This Court disposed of the said writ petition on 08.04.2024 directing the respondent-Tahsildar to consider the representation given by the petitioner to enter his name in the land revenue records. It was also directed that the Tahsildar is duty bound to look into all the aspects that were highlighted in the order. Nevertheless, the Tahsildar has issued the impugned endorsement dated 11.09.2024 at Annexure-A. Learned Counsel for the petitioner submits that in the impugned endorsement the Tahsildar, has stated that on inspection of the property in question, it is found that a layout has been formed and several constructions have come up. Therefore, the Tahsildar has directed the petitioner to approach the competent authority under Section 136(2) of the Karnataka Land Revenue Act , if the petitioner seeks to challenge the mutation entries made in favour of the other persons. However, it is submitted that the Tahsildar did not give an opportunity appearing to the petitioner.

3. In the considered opinion of this Court, on inspection if the Tahsildar found that a layout has been formed on the land in question and a few constructions have come up, then the Tahsildar should have issued notice to the person who has formed the layout and those who have put up constructions and both the parties should have been heard by the Tahsildar. At this juncture, learned Additional Government Advocate submits that the impugned endorsement may be directed to be treated as a show cause notice to the petitioner.

4. The writ petition is accordingly disposed of with a direction to respondent No.2-Special Tahsildar, Yelahanka, to issue notice to the persons who are said to have formed the layout or have put up constructions on the lands in question and/or any persons in whose name mutation entries have been made. The rival parties may be heard and thereafter, appropriate orders shall be passed by the respondent-Tahsildar, in accordance with law. The entire exercise shall be concluded as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order.