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Karnataka High Court · body

2014 DIGILAW 738 (KAR)

Leelavathi Rai v. Deputy Commissioner, D. K. District, Mangalore

2014-08-18

H.G.RAMESH

body2014
Judgment : H.G. Ramesh, J. 1. Heard the counsel for the parties. In these writ petitions, the petitioner is challenging the show-cause notice dated 04.08.2014 issued under Rule 108-K of the Karnataka Land Revenue Rules, 1966 ('the Rules' for short) for cancellation of the land granted. 2. It is relevant to refer to Rule 108-K of the Rules which reads as follows: 108-K. Cancellation of Grant.-- Any grant of land made under this chapter shall be liable to be cancelled and the land resumed by the Assistant Commissioner, where the grant has been obtained by making false or fraudulent representation or is contrary to these rules: Provided that no such cancellation shall be made without giving the grantee an opportunity of being heard. 3. In the show-cause notice, none of the grounds required for cancellation of the grant as per Rule 108-K is stated. The notice does not say that the grant was obtained by making false or fraudulent representation or that the grant made is contrary to any of the specific Rule. Hence, in the absence of stating any of the grounds required in law for cancellation of the grant, the impugned show-cause notice is unsustainable in law and is accordingly set aside. However, the respondents are at liberty to issue a fresh show-cause notice to the petitioner, if it is warranted in law. Petitions disposed of.