Karnataka High Court
Smt K Dhakshayani vs The State Of Karnataka on 3 February, 2022
Bench: R Devdas
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.19359 OF 2021 (LR)
BETWEEN:
1. SMT. K. DHAKSHAYANI,
WIFE OF LATE K. KESHAVARAJU,
AGED ABOUT 50 YEARS,
RESIDING AT 2ND CROSS,
DOLLARS LAYOUT, J P NAGAR,
4TH PHASE, BENGALURU SOUTH,
BENGALURU - 560 078.
2. SRI. VIKRAM,
SON OF LATE K. KESHAVARAJU,
AGED ABOUT 29 YEARS,
RESIDING AT 2ND CROSS,
DOLLARS LAYOUT, J P NAGAR,
4TH PHASE, BENGALURU SOUTH,
BENGALURU - 560 078.
3. SMT. CHAITRA K RAJU,
WIFE OF AJAY VERMA,
DAUGHTER OF LATE K. KESHAVARAJU,
AGED ABOUT 27 YEARS,
RESIDINGD AT 2ND CROSS,
DOLLARS LAYOUT, J P NAGAR,
4TH PHASE, BENGALURU SOUTH,
BENGALURU - 560 078.
...PETITIONERS
(BY SRI.T.N.VISWANATHA, ADVOCATE)
2
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
REVENUE SECRETARY,
VIDHANA SOUDHA,
DR. B R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE ASST. COMMISSIONER,
RAMANAGARA SUB DIVISION,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT - 562 159.
3. THE TAHASILDAR,
KANAKAPURA TALUK,
KANAKAPURA - 562 117.
...RESPONDENTS
(BY SRI. R. SRINIVAS GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
24.4.2015 VIDE ANNEXURE - C ON THE FILE OF
ASSISTANT COMMISSIONER RAMANGARA SUB
DIVISION RAMANGARA THE R-2 HEREIN AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is
directed to take notice for all the respondents.
The petitioners are aggrieved by the order dated
24.04.2015 passed by the Assistant Commissioner,
Ramanagara Sub-Division, Ramanagara Taluk, 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 petitioners submits
that this is a case where the impugned order of
forfeiture has been passed by the Assistant
Commissioner without notice to the petitioners. 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 petitioners
and in spite of notice having been issued, the petitioners
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 petitioners herein.
5. Consequently the impugned order dated
24.04.2015 passed in L.R.F No. (K)79(A&B)/69/2010-11
is hereby quashed and set aside. The matter is
remitted back to the second 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 petitioners shall appear before the second
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 24.04.2015, the same
shall be restored in favour of the petitioners.
Learned AGA is permitted to file a memo of
appearance within a period of four weeks from today.
Ordered accordingly.
Sd/-
JUDGE
rv
