Affected landholders must be heard before proceedings under Section 67(2) determine alleged encroachment.

Proceedings under Section 67(2) of the Karnataka Land Revenue Act, 1964, were initiated by the Assistant Commissioner following a direction in an earlier writ petition to consider a representation.

The Assistant Commissioner made an order dated 22 September 2026 concerning alleged encroachment on a public road.

The petitioners, who claimed possession of the land and said it had been converted and developed, challenged that order, contending that their interests would be affected without a hearing.

The State submitted that the proceedings concerned removal of any encroachment on the road.

Whether the Assistant Commissioner’s order dated 22 September 2026 should stand when the petitioners claim possession and an interest in the land but had not been heard in the proceedings.

Whether the matter should be remitted for reconsideration after notice and hearing, with interim protection pending that process.

The Court considered Section 67(2) of the Karnataka Land Revenue Act, 1964, under which the proceedings had been initiated.

It applied the principle that persons claiming an interest in land and whose rights may be affected by the proceedings should be given an opportunity to be heard before a decision is made; the Court directed notice and allowed the petitioners to participate.

The petition was brought under Articles 226 and 227 of the Constitution of India.

No precedent was cited.

The Court did not decide whether the petitioners had title to or a right over the land, or whether an encroachment existed.

Given the petitioners’ claims of possession, conversion and development, the Court considered that they should be heard before the authority determined the matter.

It therefore set aside the impugned order and remitted the proceedings to the Assistant Commissioner for fresh consideration after notice, keeping the parties’ contentions open.

The order dated 22 September 2026 was set aside, and the matter was remitted to the Assistant Commissioner for reconsideration after notice to the parties in the original proceedings.

The petitioners were permitted to appear and contest the matter on its merits; they were directed to appear on 5 November 2026 at 3:00 p.m.

The respondents were directed not to take precipitative action against the petitioners until the proceedings concluded.