Facts
The petitioners claimed ownership and possession of lands in Survey Nos. 134 and 108 of Ambarkhed Village, with their names entered in the revenue records on the basis of a registered partition deed dated 2 August 2025.
Source reference: p. 8, para. 3Respondent No. 5 applied to the Tahsildar to have his name entered in Column No. 11 of the Record of Rights for both survey numbers. The Tahsildar allowed the request, but did so without notice to the petitioners.
Source reference: p. 8, paras. 3–4The petitioners challenged the orders dated 2 June 2026 in these connected writ petitions.
Source reference: pp. 6–7, paras. 1–2Issues
1. Whether the Tahsildar’s orders directing entry of respondent No. 5’s name in Column No. 11, made without notice to the petitioners, were sustainable.
Source reference: p. 8, para. 42. Whether the entries should be set aside and the Tahsildar directed to reconsider respondent No. 5’s request after giving the petitioners an opportunity to be heard.
Source reference: p. 9, orderLaw Applied
The Court’s reasoning rests on the principle of procedural fairness that interested persons must be given notice and an opportunity to be heard before an administrative decision affecting their asserted interests is made.
Source reference: no citationThe judgment does not identify or apply a specific statutory provision or precedent; the writ petitions were brought under Articles 226 and 227 of the Constitution.
Source reference: pp. 2–3, 5Reasoning
The petitioners claimed ownership and possession, and their names were already recorded in the revenue records based on a registered partition deed.
Source reference: p. 8, para. 3Because the Tahsildar entered respondent No. 5’s name without hearing those interested persons, the Court held that the orders were unsustainable.
Source reference: p. 8, para. 4It therefore set the orders aside and directed the Tahsildar to reconsider respondent No. 5’s request after notice and an opportunity for the petitioners to place material on record.
Source reference: p. 9, orderHolding
The writ petitions were allowed.
The Tahsildar’s orders dated 2 June 2026 were set aside, and the Tahsildar was directed to immediately delete respondent No. 5’s name from Column No. 11 for Survey Nos. 134 and 108.
Source reference: p. 9, orderThe Tahsildar may reconsider respondent No. 5’s request in accordance with law, after issuing notice to the petitioners and allowing them to submit material.
Source reference: p. 9, orderNo order was made as to costs.
Source reference: p. 9, orderOriginal Court PDF
PRABHUGOUDAvsTHE STATE OF KARNATAKA
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