Somesh vs The Assistant Commissioner
2022 Latest Caselaw 1693 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.6262 OF 2021 (LR)

BETWEEN:

1      SRI SOMESH
       S/O KARIYAYAIAH
       AGED ABOUT 47 YEARS
       KODAKOLA (POST)
       JAYAPURA HOBLI
       MYSORE TALUK & DISTRICT - 571311

2    SRI CHINNA ADENNA
     S/O BALASUNDARAM
     AGED ABOUT 46 YEARS
     KODAKOLA (POST)
     JAYAPURA HOBLI
     MYSORE TALUK & DISTRICT 571311
                                 ....PETITIONERS
(BY MS.AMRUTHA A.N., ADVOCATE)

AND:

1.     THE ASSISTANT COMMISSIONER
       MYSORE SUB-DIVISION,
       MYSORE- 571311

2.     THE TAHSILDAR,
       MYSORE TALUK,
       MYSORE DISTRICT - 571311
                                   ....RESPONDENTS
(BY SRI A.R. SRINIVAS, AGA)
                             2




     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER OF THE R-1 DTD
16.07.2014 VIDE ANNEXURE-A BY ALLOWING THIS
PETITION IN RESPECT OF PROPERTY BEARING
SY.NO.54/2D1 MEASURING 12 GUNTAS SITUATED AT
BYATHAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE
TALUK, MYSORE DISTRICT AND ETC.,.

     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

16.07.2014 passed by the Assistant Commissioner,

Mysore Sub-Division, Mysore, 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 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

16.07.2014 passed in L.R.F No.79(A) & (B) 57/2013-14

is hereby quashed and set aside. The matter is

remitted back to the first respondent-Assistant

Commissioner to consider the case of the 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 16.07.2014, the same

shall be restored in favour of the petitioners.

Ordered accordingly.

SD/-

JUDGE rv