01Facts
The petitioner claimed ownership and possession of 2 acres 28 guntas in Sy. No. 287/2, Terdal Village, later reassigned as Sy. No. 287/11, under a sale deed dated 22 February 2017.
¶ 1 · ¶ 9Respondents 7–12 sought rectification of the land measurement. The Tahasildar declined their application, noting that the request could not be considered in the petitioner’s absence.
¶ 2 · ¶ 9Respondents 7–12 appealed under Section 49 of the Karnataka Land Revenue Act. Although their appeal referred to the petitioner as owner, they did not implead him. The Assistant Commissioner nevertheless directed rectification of the measurement by order dated 9 January 2023, without hearing the petitioner.
¶ 3–4 · ¶ 3, 1002Issues
i.Whether the Assistant Commissioner could direct rectification of the land measurement in an appeal without impleading or hearing the petitioner, whose property rights could be affected.
¶ 4–5, 10–11ii.Whether the Assistant Commissioner’s order should be quashed and the matter remitted for fresh consideration.
¶ 11–1403Law Applied
The Court considered the Assistant Commissioner’s appellate authority under Section 49 of the Karnataka Land Revenue Act and exercised its jurisdiction under Articles 226 and 227 of the Constitution.
¶ 3It applied the principles of natural justice, including the requirement that a person whose rights may be affected by an administrative or quasi-judicial order be given notice and an opportunity to be heard.
¶ 5, 10–11Provisions in the judgment · 1
Karnataka Land Revenue Act, 1964 Section 49
04Reasoning
The sale deed and the Tahasildar’s endorsement supported the petitioner’s claim to the stated extent of land.
¶ 9The private respondents’ appeal itself identified him as the owner, and the Assistant Commissioner had noted that notice to him was required; nevertheless, the petitioner was neither made a party nor heard before the measurement was altered.
¶ 10–11Because the order could reduce the extent recorded for his land, the failure to hear him violated natural justice and warranted intervention. The Court did not determine the substantive correctness of the competing measurement claims; it remitted that question for fresh consideration.
¶ 11, 1405Holding
The Court allowed the petition and quashed the Assistant Commissioner’s order dated 9 January 2023.
¶ 12–13It remitted the matter for fresh consideration, directed respondents 7–12 to implead the petitioner, and required the parties to appear before the Assistant Commissioner on 6 November 2026.
¶ 14–16The revenue entries were directed to be restored to the position existing before the quashed order.
¶ 17Original Court PDF
SURESH S/O GIRIMALLAPPA JAMBAGIvsTHE STATE OF KARNATAKA
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