Karnataka High Court
Sri Abdul Nassar vs The Assistant Commissioner 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.17287 OF 2021 (LR)
BETWEEN:
SRI.ABDUL NASSAR,
SON OF SRI.MOIDEEN HAJI,
AGED ABOUT 48 YEARS,
RESIDING AT KALAKKAYIL HOUSE,
PANG POST, KAYAVA VILLAGE,
PERINTHALMANNA TALUK - 676 507,
MALLAPURAM DISTRICT,
KERALA STATE.
...PETITIONER
(BY SRI.NATARAJU B HALEMANE, ADVOCATE)
AND:
1. THE ASSISTANT COMMISSIONER,
KOLLEGAL SUB DIVISION,
KOLLEGAL - 571 440,
CHAMARAJANAGAR DISTRICT.
2. THE THAHASILDHAR,
GUNDLUPET TALUK - 571 111,
CHAMARAJANAGAR DISTRICT.
...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 ORDER PASSED BY THE R1
DATED 05.05.2015 IN LRF NO.63/2013-14 IN
FORFEITING THE LAND OF THE PETITIONER TO THE
GOVERNMENT OF KARNATAKA VIDE ANNEXURE - F.
2
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 both the respondents.
The petitioner is aggrieved by the order dated
05.05.2015 passed by the Assistant Commissioner,
Kollegal Sub-Division, Kollegal, 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
05.05.2015 passed in L.R.F No.63/2013-14 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 05.05.2015, the same
shall be restored in favour of the petitioner.
Learned AGA is permitted to file memo of
appearance within a period of four weeks from today.
Ordered accordingly.
SD/-
JUDGE
rv
