Sri Ashok vs State Of Karnataka
2022 Latest Caselaw 1582 Kant

                          1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF FEBRUARY, 2022

                       BEFORE

          THE HON' BLE MR.JUSTICE R. DEVDAS

           WRIT PETITION NO.2155 OF 2022 (LR)

BETWEEN

SRI ASHOK
S/O RAMACHANDRA,
AGED ABOUT 38 YEARS,
R/AT NO.511, BAGALURU VILLAGE,
BANGALORE NORTH TALUK,
BANGALORE-562149
                                      ...PETITIONER

(BY SRI. SURESH GOWDA B R, ADVOCATE)


AND


1.     STATE OF KARNATAKA
       REPRESENTED BY PRINCIPAL SECRETARY,
       DEPARTMENT OF REVENUE,
       VIDHANA SOUDHA,
       BANGALORE-560001

2.     THE TAHASILDAR
       DODDABALLAPUR TALUK,
       DODDABALLAPURA-561203
       BENGALURU RURAL DISTRICT.


3.     THE ASSISTANT COMMISSIONER
       DODDABALLAPURA SUB DIVISION,
                               2




      DODDABALLAPURA-561203
      BENGALURU RURAL DISTRICT           ....RESPONDENTS

(BY SRI.A.R. SRINIVAS, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND QUASH THE IMPUGNED ORDER PASSED BY
THE R-3 DTD 31.10.2018 VIDE ANNX-A.


     THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order dated

31.10.2018 passed by the Assistant Commissioner,

Doddaballapura Sub-Division, Doddaballapura, under the

provisions of Section 83 for violation of the provisions in

Sections 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 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

31.10.2018 passed in L.R.F:SR(DHO):82/2014-15 is

hereby quashed and set aside. The matter is remitted

back to the third respondent-Assistant Commissioner to

consider the case of the petitioner 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 22nd February

2022, without waiting for further notice from the Assistant

Commissioner.

7. If revenue entries have been altered pursuant to

the impugned order dated 31.10.2018, the same shall be

restored in favour of the petitioner.

Ordered accordingly.

SD/-

JUDGE JT/-