Sri N Narasimhamurthy vs The Assistant Commissioner
2022 Latest Caselaw 1671 Kant

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    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. 15695 OF 2021 (LR)

BETWEEN:

1      SRI N NARASIMHAMURTHY
       S/O M NARASIMAIAH
       AGED ABOUT 50 YEARS
       #3087, 9TH CROSS,
       GAYATHRI NAGAR
       GANESHA TEMPLE ROAD
       NEAR HARISCHANDRA GHAT
       BENGALURU 560 021
       OCC BUSINESS                   ....PETITIONER

(BY SRI DESHRAJ, ADVOCATE)
AND:

1      THE ASSISTANT COMMISSIONER
       CHIKKABALLAPURA SUB-DIVISION
       CHIKKABALLAPURA 571 440

2      THE TAHASILDAR
       BAGAPELLI TALUK
       CHIKKABALLAPURA DISTRICT-571313

3    SMT.K.L.MANJULA
     W/O V RAMACHANDRA
     AGED ABOUT 39 YEARS
     R/@ BAGEPALLI TOWN
     BAGEPALLI TALUK
     CHIKKABALAPURA DISTRICT 571313
                                  ....RESPONDENTS
(BY SRI R. SRINIVAS GOWDA, AGA FOR R1 AND 2,
    V/O DTD 24.09.2021-NOTICE TO R3 IS D/W)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 27.05.2019
PASSED BY R1 IN NO.LRF 79AB.CR.65/2013-14 WITH
RESPECT OF THE LAND BEARING AGRICULTURAL LAND
BEARING SY.NO.9/2, 4 ACRES 33 GUNTAS INCLUDING
3 GUNTAS KARAB SITUATED AT GORTHAPALLI
VILLAGE, GULUR HOBLI, BAGEPALLI TALUK VIDE
ANNEXURE-F 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

27.05.2019 passed by the Assistant Commissioner,

Chikkaballapura Sub-Division, Chikkaballapura, 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

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

27.05.2019 passed in L.R.F:79AB:CR:65/2013-14 is

hereby quashed and set aside. The matter is remitted

back to the first 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 first

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 27.05.2019, the same

shall be restored in favour of the petitioner.

Ordered accordingly.

SD/-

JUDGE rv