1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.15032 OF 2021 (LR)
BETWEEN:
SRI CHANDRA SHEKAR REDDY
S/O LATE T NARAYAN REDDY
AGED ABOUT 55 YEARS
R/AT NO.PINJARALAHALLI
GOURIBIDANUR TALUK
TONDEBHAVI
KARNATAKA 561 213
....PETITIONER
(BY SRI BAPAT SAMPATH VINAYAKA RAO, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
AMBEDKAR VEEDHI
VIDHANA SOUDHA
BANGALORE-560 001
REP. BY ITS SECRETARY
2 THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571 401
3 THE ASSISTANT COMMISSIONER
PANDAVAPURA SUB-DIVISION,
PANDAVAPURA 571434
....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DECLARE SECTION 12(1) OF THE
KARNATAKA LAND REFORMS (SECOND AMENDMENT)
ACT, 2020 IS VIOLATIVE OF ARTICLE 14, 19, 21 AND
300A OF THE CONSTITUTION OF INDIA; QUASH THE
ORDER DTD.18.06.2018 PASSED BY THE R-3 VIDE
ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner is aggrieved by the order dated 18.06.2018 passed by the Assistant Commissioner, Pandavapura Sub-Division, Pandavapura, under the provisions of Section 83 for violation of the provisions in Section 79-A and 79-B of the Karnataka Land Reforms Act, 1961.
2. Learned Counsel for the petitioner submits that this is a case where the impugned order of forfeiture has been passed by the Assistant Commissioner without notice to the petitioner. It is further submitted that under similar circumstances, a co-ordinate Bench of this Court in W.P.No.7821/2021 has passed an order dated 3 16.08.2021 remanding the matter back to the Assistant Commissioner for fresh consideration after affording an opportunity of hearing to the aggrieved person.
3. Learned AGA points out from the impugned order that notice was indeed issued to the petitioner and in spite of notice having been issued, the petitioner did not appear before the Assistant Commissioner.
4. Having considered the submission of the learned Counsels and on perusing the judgment of the co-ordinate Bench in W.P.No.7821/2021, this Court finds that facts and circumstances in both these matters are quite similar and therefore, the benefit of the decision of the co-ordinate bench should also enure to the petitioner herein.
5. Consequently the impugned order dated 18.06.2018 passed in No.BHUSU.PARI (SRI) 21/2015- 16 is hereby quashed and set aside. The matter is remitted back to the third respondent-Assistant Commissioner to consider the case of the petitioner 4 including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 78-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020.
6. The petitioner shall appear before the third respondent-Assistant Commissioner on 23rd February 2022, without waiting for further notice from the Assistant Commissioner.
7. If revenue entries have been altered pursuant to the impugned order dated 18.06.2018, the same shall be restored in favour of the petitioner.
Ordered accordingly.
Sd/-
JUDGE rv