IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100944 OF 2026 (KLR-LG)

BETWEEN:

SRI. G. MAHARUDRA GOUDA S/O. BASAVANA GOUDA AGE. 52 YEARS, OCC. AGRICULTURE, R/O. CHIKKANTHAPURA VILLAGE, TQ. SANDUR, DIST. BALLARI-583119.

…PETITIONER (BY SRI. V.S.KALASURMATH, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU-01.

2. THE DEPUTY COMMISSIONER MANJANNA BALLARI, DIST. BALLARI-583101.

E

3. THE ASSISTANT COMMISSIONER Digitally signed by MANJANNA E BALLARI, DIST. BALLARI-583101.

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.27 17:05:23 +0530

4. THE TAHASILDAR SANDUR, DIST. BALLARI-583119.

5. THE REVENUE INSPECTOR SANDUR, DIST. BALLARI-583119.

6. THE VILLAGE ACCOUNTANT CHIKKANTHAPURA VILLAGE, SANDUR TALUK, DIST. BALLARI-583119.

…RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2/DEPUTY COMMISSIONER, BALLARI BEARING NO.REV APPEAL NO.30/2014-15, DATED 25.09.2019 AND ORDER PASSED BY THE RESPONDENT NO.3/ASSISTANT COMMISSIONER, BALLARI BEARING NO. KAM:BHUMI:101/43:2013-2014 DATED 07.07.2014 VIDE ANNEXURE-A AND B; AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. The petitioner has called in question the order dated

07.07.2014 passed by the Assistant Commissioner, Ballari (Annexure-B) and the order dated 25.09.2019 passed by the Deputy Commissioner, Ballari (Annexure-A), whereby the grant in respect of land bearing Survey No.244 A/2 measuring 4 acres 50 cents situated at Chikkanthpura Village, Sandur Taluka, Ballari District, has been cancelled and direction has been issued to delete the petitioner's name from the revenue records and to resume the land to the Government.

2. Brief facts:

The land in question was originally a Government land (Parampok). Under the scheme of regularization, the land was granted in favour of the petitioner's brother under Saguvali chit dated 18.03.2003. Pursuant to the grant, mutation entries were effected. Thereafter, the land devolved upon the petitioner through subsequent mutation entries in the year 2010-2011. The petitioner's name was entered in the record of rights and he has been in possession and enjoyment of the land for several years.

Subsequently, based on a report submitted by the Tahasildar, the Assistant Commissioner initiated suo motu proceedings invoking Rule 108-K of the Karnataka Land Revenue Rules, 1966 (for short ‘Rules, 1966’) read with Rule 25 of the Karnataka Land Grant Rules, 1969 (for short ‘Rules, 1969) and by order dated 07.07.2014, cancelled the grant and the mutation entries. Aggrieved, the petitioner preferred a revision under Section 136(3) of the Karnataka Land Revenue Act, 1966 before the Deputy Commissioner, which came to be dismissed on 25.09.2019 confirming the order of the Assistant Commissioner. Hence, the present petition.

3. Learned counsel for the petitioner submits that the Assistant Commissioner had no jurisdiction to cancel a grant under the Karnataka Land Grant Rules and the impugned proceedings are without authority of law. It is contended that the grant was made in the year 2003 and the petitioner has been in settled possession for more than a decade, initiation of proceedings after such a long lapse, is arbitrary. It is contended that the impugned order proceeds on the basis that no grant record is available in the taluk office. Mere absence of a record, cannot invalidate a grant already acted upon. It is contended that the Revisional Authority has mechanically confirmed the order without independent application of mind and without assigning any proper reasons. It is submitted that Rule 108-K of the Rules, 1966 pe