Sri K R Shankar vs The State Of Karnataka
2022 Latest Caselaw 2098 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF FEBRUARY, 2022

                        BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.2892 OF 2022 (LR)

BETWEEN

SRI K R SHANKAR
S/O LATE RAMAKRISHNAPPA,
AGED 50 YEARS,
R/AT KONAPPANA AGRAHARA VILLAGE,
ELECTRONIC CITY, HOSUR MAIN ROAD,
BANGALORE-560100                        ... PETITIONER

(BY SRI. GANAPATHI C V, ADVOCATE)

AND

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

2.    THE ASSISTANT COMMISSIONER
      BANGALORE SOUTH SUB-DIVISION,
      BANGALORE URBAN DISTRICT 560009

3.    THE TAHSILDAR
      ANEKAL TALUK,
      BANGALORE URBAN DISTRICT-562106.    ...RESPONDENTS

(BY SRI. R SRINIVAS GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD 24.09.2018 PASSED BY THE R-2 VIDE ANNX-E AND
GRANT AN INTERIM ORDER TO STAY THE ORDER DTD
24.09.2018, PASSED BY THE R-2 VIDE ANNX-E.

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

                                ORDER

R.DEVDAS J., (ORAL):

Learned AGA takes notice for the respondents.

2. The petitioner is aggrieved by the order dated

24.09.2018, passed by the Assistant Commissioner,

Bangalore South Sub-Division, Bangalore Urban District,

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

in the impugned order dated 24.09.2018, the Assistant

Commissioner has stated that though notice is served on

the respondent, they have not appeared before the

authority and authority has proceeded placing the

respondent exparte. However, a copy of the objections filed

by the petitioner herein before the Assistant Commissioner

has been placed on record at Annexure-D. Therefore, the

learned counsel submits that it is clear that the Assistant

Commissioner has not considered the objections filed at the

hands of the petitioner and proceeded to pass the order

placing the petitioner exparte.

4. 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.

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

24.09.2018 passed in No.LRF(83)(AS)/34/2015-16 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 24.09.2018, the same shall be

restored in favour of the petitioner.

Ordered accordingly.

9. Learned AGA is permitted to file memo of

appearance within a period of four weeks from today.

Sd/-

JUDGE

KLY