HC imposes Rs 25,000 cost on special DC

The High Court of Karnataka on Tuesday imposed a cost of Rs 25,000 on special deputy commissioner, Bangalore Urban district, in a petition challenging the cancellation of a land grant.

The petitioner was granted two acres (survey no 44) at Mullur village in Varthur hobli of Bangalore East taluk way back in 1979. However, he was not issued cultivation slip.

The then special DC, who initiated a suo motu proceeding under Section 136 (3) of Karnataka Land Revenue Act, cancelled the grant of land stating that no record pertaining to the grant was available with the petitioners. The aggrieved petitioner then moved the High Court seeking to quash the cancellation of grant.

The counsel for the petitioner submitted that the documents were available with the petitioner now and were with the Revenue department. Stating that the documents have been obtained under Right to Information Act, the petitioner submitted that the action of the DC to cancel the grant was without jurisdiction.

Justice L Narayanaswamy set aside the order of the DC and imposed a cost of Rs 25,000 payable to the grantee. Observing that the cancellation of grant was illegal and was done with an ulterior motive, the Court termed the action of the DC without jurisdiction.

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