D. ABDUL NABI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has called in question the legality and correctness of the order dtd. 23/3/2023 passed by the Assistant Commissioner and Survey Settlement Officer, Ballari, bearing No. Kam/SurveySettlement/05/2022-23 (Annexure-A), whereby the name of the petitioner has been deleted from the Record of Rights and the name of 'Gudda (B Kharab)' has been entered, followed by consequential mutation.

(2.) Heard learned counsel for the petitioner and the learned Additional Government Advocate for the respondents-State.

(3.) The land bearing Sy.No.5, out of which, Sy.No.66(P)/104 measuring 5 acres situated at Siddapur, Sandur Taluk, was granted in favour of the petitioner by conferring occupancy rights by the Land Tribunal vide order dtd. 27/11/1981, and the name of the petitioner was duly entered in the Record of Rights. His family has been in lawful possession and enjoyment of the said land ever since. Pursuant thereto, Form No.2 was issued. It is the case of the petitioner that, without issuing any notice to them and without conducting any enquiry as contemplated under law, the Assistant Commissioner and Survey Settlement Officer, Ballari, initiated proceedings and passed the impugned order dtd. 23/3/2023.