Smt.Bharati Pawar vs State Of Karnataka
2022 Latest Caselaw 1769 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 4TH DAY OF FEBRUARY, 2022

                     BEFORE

        THE HON' BLE MR.JUSTICE R DEVDAS

       WRIT PETITION NO.196 OF 2022 (LR)

BETWEEN

SMT.BHARATI PAWAR
W/O COL. MAHIPATI PAWAR
AGED ABOUT 50 YEARS
OCC AGRICULTURIST
R/AT BACHAHALLI VILLAGE
HANGALA HOBLI,
GUNDLUPET TALUK
CHAMARAJANAGAR DITRICT 571111
PRESENTLY RA/T
PAWAR KOTHI, NEAR MEDICAL COLLEGE
DASHERE MAIDAN, KAMPOO
GWALIOR, MADHYA PRADESH 474009
                                    ... PETITIONER
(BY SRI. DINESHA H M , ADVOCATE)

AND

1.    STATE OF KARNATAKA
      BY ITS SECRETARY TO
      REVENUE DEPARTMENT
      MS BUILDING
      AMBEDKAR VEEDHI
      BENGALURU 560001
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2.   THE ASSISTANT COMMISSIONER
     KOLLEGAL SUB DIVISION
     KOLLEGAL
     CHAMARAJANAGAR DITRICT 571440

3.   THE TAHASHILDAR
     CHAMARAJANAGAR TALUK
     CHAMARAJANAGAR DISTRICT 571313

                                        ...RESPONDENTS
(BY SRI.A.SRINIVASA GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS ON THE FILE OF R-2 QUASH THE
ORDER DTD.25.2.2020 PASSED BY THE R-2 AS PER
ANNEXURE-J 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 takes

notice for all the respondents.

2. The petitioner is aggrieved by the order dated

25.02.2020 passed by the Assistant Commissioner,

Kollegal Sub-Division, Kollegal, 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.

3. 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.

4. 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.

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 writ petition is allowed. The

impugned order dated 25.02.2020 passed in case

No.L.R.F.(79A-79B) CR 105/2017-18 is hereby quashed

and set aside. The matter is remitted back to the

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

respondent-Assistant Commissioner on 02nd March

2022, without waiting for further notice from the

Assistant Commissioner.

8. If revenue entries have been altered pursuant

to the impugned order dated 25.02.2020, the same shall

be restored in favour of the petitioner.

Ordered accordingly.

9. Learned Additional Government Advocate is

permitted to file Memo of Appearance within a period of

four weeks from today.

Sd/-

JUDGE

DL