Smt. Ashwini vs The State Of Karnataka
2022 Latest Caselaw 1688 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.6385 OF 2021 (LR)

BETWEEN:

1      SMT ASHWINI
       W/O HARISH
       AGED ABOUT 38 YEARS
       R/AT NO.15/1, 1ST CROSS
       MUNESHWARI LAYOUT
       MUNEKOLALA, MARATHAHALLI
       BENGALURU-560 037
                                    ....PETITIONER
(BY SRI GANESHA P, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       REVENUE DEPARTMENT
       M.S.BUILDINGS
       DR.B.R.AMBEDKAR VEEDHI
       BANGALORE 560 001

2      THE ASSISTANT COMMISSIONER
       RAMANAGARA SUB-DIVISION,
       RAMANAGARA 562 159

3.     THE TAHSILDAR,
       KANAKAPUR TALUK,
       KANAKAPUR - 562 117
                                   ....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DTD 18.10.2019
PASSED BY THE R-2 ASSISTANT COMMISSIONER,
RAMANAGARA DISTRICT, RAMANAGARA AS PER
ANNEXURE-A IN RESPECT OF THE LAND BEARING
SY.NO.723/2 MEASURING 2 ACRE 07 GUNTAS OF
HAROHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA
TALUK, RAMANAGARA DISTRICT AND RESTORE THE
REVENUE ENTRIES IN THE NAME OF PETITIONER.

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

                            ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order dated

18.10.2019 passed by the Assistant Commissioner,

Ramanagara Sub-Division, Ramanagara, 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

18.10.2019 passed in L.R.F: 79(A) & (B) 28/2015-16 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 petitioner 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 18.10.2019, the same

shall be restored in favour of the petitioner.

Ordered accordingly.

SD/-

JUDGE rv