Smt Renuka vs The State Of Karnataka
2022 Latest Caselaw 1664 Kant

                           -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 03RD DAY OF FEBRUARY, 2022

                        BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

         WRIT PETITION NO. 2380/2022 (LR)

BETWEEN
SMT. RENUKA
W/O NAGARAJ L
AGED 51 YEARS
OCC: AGRICULTURIST
R/O LAKHSHMIPURA VILLAGE
WARD NO 1, BHADRAVATHI
SHIVAMOGGA DIST - 577 301.
                                        ... PETITIONER
(BY SRI. HARISH KUMAR M. S, ADVOCATE)

AND
1.    THE STATE OF KARNATAKA
      REP BY ITS PRL SECRETARY
      DEPT OF REVENUE
      MULTISTOREID BUILDING
      DR. B. R. AMBEDKAR BEEDHI
      BANGALORE - 560 001.

2.    THE ASSISTANT COMMISSIONER
      SHIVAMOGGA SUB DIVISION
      SHIVAMOGGA - 577 201.

3.    THE TAHASILDAR
      BHADRAVATHI TALUK
      BHADRAVATHI - 577 301.
                                        ...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
                                     -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
ORDER DATED 06.03.2017 PASSED BY THE ASSISTANT
COMMISSIONER,     SHIVAMOGGA    IN  NO.LRF  79(A)&(B):
118/2016-17 VIDE ANNEXURE-C.

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

                                   ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate takes notice

for all the respondents.

2. The petitioner is aggrieved by the order dated

06.03.2017 passed by the Assistant Commissioner,

Shivamogga Sub-Division, Shivamogga, 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.

3. 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.

4. 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.

5. 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.

6. Consequently, the writ petition is allowed. The

impugned order dated 06.03.2017 passed in case No.L.R.F.79

(A)(B):118/2016-17 is hereby quashed and set aside. The

matter is remitted back to the 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.

7. The petitioner shall appear before the respondent-

Assistant Commissioner on 25th February 2022, without

waiting for further notice from the Assistant Commissioner.

8. If revenue entries have been altered pursuant to the

impugned order dated 06.03.2017, the same shall be restored

in favour of the petitioner.

Ordered accordingly.

9. Learned Additional Government Advocate is permitted

to file Memo of Appearance within a period of four weeks from

today.

Sd/-

JUDGE

DL