Sri Divakar Raghavendra vs The State Of Karnataka
2022 Latest Caselaw 1773 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.2310 OF 2022 (LR)

BETWEEN

SRI DIVAKAR RAGHAVENDRA
S/O NARASIMHAPPA HADAGALI
AGED 49 YEARS
R/O OF NO 844-3, RENUKA EXTENSION
DAIVAJNA KALYANA MANTAPA
DAVANAGERE-577001                        ... PETITIONER

(BY SRI. HARISH KUMAR M S , ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      REP BY ITS PRL. SECRETARY
      DEPARTMENT OF REVENUE
      MULTISTORIED BUIDLING
      DR B R AMEDKAR BEEDHI
      BANGALORE 560001

2.    THE ASSITANT COMMISSIONER
      RAMNAGAR SUB DIVISION
      RAMNAGARA 562159

3.    THE TAHSILDAR
      RAMNAGAR TQ
      RAMNAGAR 562159                   ...RESPONDENTS

(BY SRI.R.SRINIVASA GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER DTD.28.09.2013 PASSED BY THE ASSISTANT
COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGRA,
VIDE ANNEXURE-C.

     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

28.09.2013 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.

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 28.09.2013 passed in case

No.L.R.F.(CHA) 79(A)& (B)/222/2008-09 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 28th February 2022, without

waiting for further notice from the Assistant Commissioner.

8. If revenue entries have been altered pursuant to the

impugned order dated 28.09.2013, 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