Keerthi Rakesh vs Assistant Commissioner
2022 Latest Caselaw 1684 Kant

                           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. 13236 OF 2021 (LR)

BETWEEN:

1      KEERTHI RAKESH
       D/O S CHANDRAIAH
       AGED ABOUT 32 YEARS
       R/AT NO.41/4, AMMAN NAGAR
       OPP GOVT ITI,
       DENKANIKOTTI MAIN ROAD
       H.C.P.POST,
       HOSUR-635 110

       (REP. BY HER GPA HOLDER
       A.R.RAKESH CHOUDARY THE
       2ND PETITIONER HEREIN)

2      A.R.RAKESH CHOUDHARY
       @ A.R.RAKESH CHOUDARY
       S/O A RAJENDRA NAIDU
       AGED ABOUT 40 YEARS
       R/AT NO.1685., 5TH 'A' CROSS
       B.S.K. 1ST STAGE, 2ND BLOCK
       BENGALURU-560 050
                                 ....PETITIONERS
(BY SRI RAGHU PRAKASH BABU D, ADVOCATE)

AND:

1      THE ASSISTANT COMMISSIONER
       BENGALURU NORTH SUB-DIVISION,
       KANDAYA BHAVANA
       K.G.ROAD, BANGALORE 560 009
                              2




2.    THE THASILDAR,
      BANGALORE EAST TALUK,
      K.R.PURAM
      BANGALORE 560 036
                                            ....RESPONDENTS
(BY SRI R. SRINIVAS GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASHING THE ORDER DTD 17.07.2017
BY THE R-1 ON THE REPORT FILED BY THE R2 UNDER
SECTION 83 OF THE KARNATAKA LAND REFORMS ACT,
1961 AT ANNEXURE-A.

     THIS  WRIT   PETITION COMING  ON   FOR
PRELIMINARY HEARING 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

R. DEVDAS J., (ORAL):

The petitioners are aggrieved by the order dated

17.07.2017 passed by the Assistant Commissioner,

Bangalore North Sub-Division, Kandaya Bhavan,

K.G.Road, 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

17.07.2017 passed in L.R.F/83/BE/57/2015-16 is

hereby quashed and set aside. The matter is remitted

back to the first respondent-Assistant Commissioner to

consider the case of the petitioners 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 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 17.07.2017, the same

shall be restored in favour of the petitioner.

Ordered accordingly.

SD/-

JUDGE rv