Karnataka High Court
Sri Mir Mohammed Rafi vs 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.8222 OF 2021 (LR)
BETWEEN:
SRI.MIR MOHAMMED RAFI
S/O MIR MURTHUZA HUSSAIN,
AGED ABOUT 61 YEARS,
R/AT: ALLIPURA VILLAGE,
THONDEBHAVI HOBLI,
GOWRIBIDANUR TALUK,
CHICKABALLAPURA DISTRICT-561213
....PETITIONER
(BY SRI.RAHAMATHULLA SHARIFF, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY SECRETARY
REVENUE DEPARTMENT
VIDHANA SOUDHA,
BENGALURU-560001
2. THE ASSISTANT COMMISSIONER
CHICKABALLAPUR SUB-DIVISION,
CHICKABALLAPURA DISTRICT-562101
3. THE TAHSILDAR,
GOWRIBIDANUR TALUK,
GOWRIBIDANUR-561208
CHICKABALLAPURA DISTRICT
4. SRI.SUBBA RAO @ SUBRATA ROY
S/O MADAN MOHAN ROY
AGED ABOUT 50 YEARS,
2
R/AT: NO.9, MURUGESH MUDALIAR LANE,
NAGARTHPET CROSS,
BENGALURU-560002 ....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA FOR R1 TO 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE ENTIRE RECORDS IN CASE
ON THE FILES OF R2 AND QUASH IMPUGNED ORDER
PASSED BY THE R2 IS CASE DATED 22.08.2015 VIDE
ANNEXURE-A AND MUTATION ENTRY MADE BY THE R3
VIDE SAID ORDER IN MUTATION PROCEEDINGS MR H
23 DATED 19.07.2019 VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS
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 petitioner is aggrieved by the order dated
22.08.2015 passed by the Assistant Commissioner,
Chickaballapura Sub-Division, Chickaballapura District,
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 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. Respondent No.4 is the previous vendor, from
whom the petitioner has purchased the land in question.
Respondent No.4 is a formal party. Therefore, in the
final analysis, respondent No.4 will not have any say in
the matter, in view of the subsequent development.
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 impugned order dated
22.08.2015 passed in L.R.F:79AB:CR:87/2004-05 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.
7. The petitioner shall appear before the second
respondent-Assistant Commissioner on 23rd February
2022, without waiting for further notice from the
Assistant Commissioner.
8. If revenue entries have been altered pursuant
to the impugned order dated 22.08.2015, 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
