Sri T Krishnappa vs The Assistant Commissioner
2022 Latest Caselaw 1687 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.8329 OF 2021 (LR)

BETWEEN:

SRI.T.KRISHNAPPA,
S/O LATE T.THIMMAPPA,
AGE: 65 YEARS,
R/AT ANCHEPALYA @
SRIKANTAPURA VILLAGE,
NAGASANDRA POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE - 560 073.
                                   ...PETITIONER
(BY SRI.RAVINDRA PRASAD B, ADVOCATE)

AND:

1.     THE ASSISTANT COMMISSIONER,
       DODDABALLAPURA SUB DIVISION,
       DODDABALLAPUR,
       BANGALORE RURAL DISTRICT,
       BANGALORE - 561 203.

2.     THE TAHASILDHAR,
       NELAMANGALA TALUK,
       BANGALORE RURAL DISTRICT,
       BANGALORE - 562 123.
                                   ...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 DATED ORDER ON
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31.08.2018 PASSED BY THE R1 VIDE ANNEXURE - C TO
THE WRIT PETITION; DIRECT THE RESPONDENTS TO
RESTORE THE NAME OF THE PETITIONER IN THE RTC
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 both the respondents.

The petitioner is aggrieved by the order dated

31.08.2018 passed by the Assistant Commissioner,

Doddaballapura Sub-Division, Doddaballapur, 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

31.08.2018 passed in L.R.F (N) SR 125/2012-13 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 31.08.2018, 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