Sri Ali Mammed P P vs The State Of Karnataka
2022 Latest Caselaw 1859 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 7TH DAY OF FEBRUARY, 2022

                     BEFORE

        THE HON' BLE MR.JUSTICE R DEVDAS

      WRIT PETITION NO.2707 OF 2022 (LR)

BETWEEN

SRI ALI MAMMED P. P
S/O MOIDEEN,
AGED ABOUT 61 YEARS,
RESIDING AT
PALAKKAPALLIYALI HOUSE,
VALLUVAMBRAM, POOKKAOTTUR,
MALAPPURAM DISTRICT,
KERALA STATE 673642.

REPRESENTED BY HIS GPA HOLDER,

SRI ASHFAQ AHMED,
S/O ALTAF AHMED,
AGED ABOUT 43 YEARS
RESIDING AT NO.440,
CHAMARAJ NAGAR ROAD,
4TH WARD, GUNDLUPETE TOWN,
CHAMARAJ NAGARA DISTRICT            ... PETITIONER

      (BY SRI.KEMPANNA, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      REPRESENTED BY ITS
      PRINCIPAL SECRETARY,
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     DEPARTMENT OF REVENUE,
     VIDHANA SOUDHA,
     BENGALURU-560001

2.   THE ASSISTANT COMMISSIONER
     KOLEGAL SUB-DIVISION,
     KOLLEGAL 571440,
     CHAMARJANAGAR DISTRICT.

3.   THE TAHSILDAR
     GUNDLUPETE TALUK,
     GUNDLUPETE-57111.
     CHAMARAJANGAR DISTRICT
                                  ...RESPONDENTS

(BY SRI.R.SRINIVAS GOWDA, AGA)



     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH QUASH/SET ASIDE THE ORDER DATED 5.5.2015
PASSED BY THE R2 DATED 5.5.2015 IN RESPECT OF
SY.NO.132/2, SY.NO.140/3, SITUATED AT KAMARAHALLI
VILLAGE,   BEGUR    HOBLI,    GUNDLUPET    TALUK,
CHAMARAJANAGAR DISTRICT, MEASURING 3 ACRES 10
GUNTAS AND 2 ACRES 24 GUNTAS RESPECTIVELY OF
REVENUE LAND VIDE ANNEXURE-G AND ETC.,


     THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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                          ORDER

R.DEVDAS J., (ORAL):

Learned AGA is directed to take notice for the

respondents.

2. The petitioner is aggrieved by the order

dated 05.05.2015 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 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.

4. 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.

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 impugned order dated

05.05.2015 passed in No.LRF(79A-79B) 131/2013-14

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 05.05.2015, the same

shall be restored in favour of the petitioners.

Ordered accordingly.

9. Learned AGA is permitted to file memo of

appearance within a period of four weeks from today.

Sd/-

JUDGE KLY