Chandra Shekar Reddy vs The State Of Karnataka
2022 Latest Caselaw 1673 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.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)
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     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

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

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