Karnataka High Court
WP/28991/2023 of SMT. A.R. HARSHITHA Vs THE STATE OF KARNATAKA on 27 April 2026
NC: 2026:KHC:23409 WP No. 28991 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28991 OF 2023 (KLR-RES) BETWEEN: SMT. A.R. HARSHITHA AGED 32 YEARS, D/O RAMEGOWDA, R/AT KARBALA VILLAGE, KASABA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 28991 OF 2023 (KLR-RES)
BETWEEN:
SMT. A.R. HARSHITHA
AGED 32 YEARS,
D/O RAMEGOWDA,
R/AT KARBALA VILLAGE,
KASABA HOBLI,
MAKONAHALLI POST,
MUDIGERE TALUK,
CHIKMAGALURU 577132.
…PETITIONER
(BY SRI. P.P.HEGDE., SR. ADVOCATE FOR
SRI. AKSHAY KUMAR JAIN., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY CHIEF SECRETARY,
DEPARTMENT OF REVENUE,
M S BUILDING,
AMBEDKAR VEEDHI,
BANGALORE 560001.
2.
DEPUTY COMMISSIONER
CHIKKAMAGALURU,
CHIKKAMAGALURU DISTRICT - 577101.
Digitally signed
by YASHODA K L
Location: High
Court Of
Karnataka
HC-KAR
3.
ASSISTANT COMMISSIONER
CHIKKAMAGALURU SUB DIVISION,
CHIKKAMAGALURU DISTRICT - 577101.
4.
TAHSILDAR
MUDIGERE TALUK,
MUDIGERE – 577550.
…RESPONDENTS
(BY SMT.B.P.RADHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED ORDER BEARING NO. BAHU CR 140/2022 DTD.
17.07.2023 PASSED BY THE ASST.COMMISSIONER/R-3 VIDE
ANNX-J AND ETC.,
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
At the outset, it should be mentioned that the action initiated by the respondent No.4 – Tahsildar, Mudigere Taluk, seeking suo motu proceedings under Rule 108K of the Karnataka Land Revenue Rules to cancel the so called grant said to have been made in favour of the petitioner is found to be an action initiated under a wrong provision of
HC-KAR
law. By filing the statement of objections, the respondent- State more particularly the Tahsildar is contending that the petitioner had never filed an application for regularization of unauthorised occupation in Form No.50 or
53. However, mutation entry is made in the name of the petitioner in M.R.No.H2/2020-21 dated 10.08.2020. At the behest of the Tahsildar, the Assistant Commissioner initiated proceedings under Rule 108K of the Rules for cancellation of the so called grant. It is therefore clear that if on the one hand the respondents are contending that there was no grant made in favour of the petitioner, then the question of cancellation of the grant under Rule 108K will not arise. Having accepted this position of law, the learned Additional Government Advocate submits that liberty may be granted to the respondents to initiate proceedings in accordance with law.
2. Accordingly, the writ petition is allowed, while setting aside the impugned order dated 17.07.2023 passed by the Assistant Commissioner, Chikkamagalur
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Sub-Division. Liberty is however reserved to the respondent - State and its authorities to initiate appropriate proceedings to cancel the mutation entries made in favour of the petitioner.
3. Needless to observe that the revenue entries which have been removed pursuant to the impugned orders have to be restored till appropriate action is taken by the respondents and the mutation entries are cancelled in accordance with law. The name of the petitioner shall be restored by the Tahsildar, Mudigere Taluk, forthwith and at any rate within a period of six (6) weeks from the date of receipt of a copy of this order. All contentions are kept open.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL