CHITRA SHEKARAMMA W/O LATE KARIYAPPA AGED ABOUT 78 YEARS vs THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE

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2025 Supreme(Online)(Kar) 37492

THE HIGH COURT OF KARNATAKA
MR. S.R.KRISHNA KUMAR, J
CHITRA SHEKARAMMA W/O LATE KARIYAPPA AGED ABOUT 78 YEARS – Appellant
Versus
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE – Respondent

Advocates:
For the Appellants/Petitioners: SRI D.R.RAVISHANKAR, SRI VIGNESHWARA U.
For the Respondents: SRI MANJUNATH K., SRI C.SHANKAR REDDY, SMT. SRUTHI CHAGANTI, SRI K.ABHINAV ANAND

Table of Content
1. the absence of a speaking order from the assistant commissioner invalidated the occupancy rights granted. (Para 4 , 5)
2. delay in filing was justified due to lack of awareness and the continuing possession of land. (Para 6 , 7)
3. the petitioners were unaware of the prior appeal outcome affecting their rights. (Para 8)
4. the assistant commissioner must re-evaluate the matter expeditiously and justly. (Para 9)

ORAL ORDER

In this petition, petitioners seeks the following reliefs:

the Karnataka Land Reforms Act , (in short 'KLR' Act), seeking grant of occupancy rights. The petitioners herein were arrayed as the respondents/opposite parties to the said proceedings under Section 77A of the KLR Act and they contested the proceedings. Learned Senior Counsel for the petitioners would contend that without conducting a formal enquiry as mandatorily required under Rule 26-C of the Karnataka Land Reforms Rules, the Assistant Commissioner proceeded to pass the impugned order dated 19.07.2006 conferring/granting occupancy rights in favour of respondents No.3 to 6 in relation to the subject lands. Aggrieved by the said order passed by the Assistant Commissioner, the petitioner's pr