Sri Amjad Ulla Khan vs The State Of Karnataka
2022 Latest Caselaw 2107 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.2171 OF 2022 (LR)

BETWEEN
SRI AMJAD ULLA KHAN
S/O SHAMSHUDEEN KHAN
AGED ABOUT 39 YEARS
RESIDENT OF SAHIB MAIN ROAD,
NEAR RAILWAY STATION
RAMANAGARA TOWN
RAMANAGARA-5652159

NOW AT PRESENT
RESIDENT OF NO.62/1-1
5TH FLOOR, STEPHENS ROAD,
MERIDIAN HOSPITAL FRAZER TOWN
BENGALURU-560005              ...PETITIONER

(BY SRI.G.M. SRINIVASA REDDY, ADVOCATE)

AND

1.     THE STATE OF KARNATAKA
       REP BY ITS PRINCIPAL SECRETARY,
       DEPARTMENT OF REVENUE
       M S BUILDING
       BENGALURU-560001

2.     THE ASSISTANT COMMISSIONER
       RAMANAGARA TOWN
       RAMANAGARA -562159
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3.   THE TAHSILDAR
     RAMANAGARA TALUK
     RAMANAGARA -562159                     ...RESPONDENTS

(BY SRI.R. SRINIVAS GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DTD.2.3.2016 PASSED BY R-2
ANNEXURE-A AND GRANT AN INTERIM ORDER TO STAY
ALL FURTHER PROCEEDINGS PURSUANT TO PASSING OF
THE IMPUGNED ORDER DTD.2.3.2016 PASSED BY THE R-2
VIDE ANENXURE-A PENDING DISPSOAL OF THE ABOVE
W.P.

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

                           ORDER

R. DEVDAS J., (ORAL):

The petitioner is aggrieved by the order dated

02.03.2016 passed by the Assistant Commissioner,

Ramanagara Sub-Division, Ramanagara, under the

provisions of Section 83 for violation of the provisions in

Sections 79-A and 79-B of the Karnataka Land Reforms

Act, 1961.

2. 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.

3. 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.

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 petitioner herein.

5. Consequently the impugned order dated

02.03.2016 passed in L.R.F No.79(A)(B)/Ra/51/2010-11 is

hereby quashed and set aside. The matter is remitted

back to the second 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.

6. The petitioner shall appear before the first

respondent-Assistant Commissioner on 28th February

2022, without waiting for further notice from the Assistant

Commissioner.

7. If revenue entries have been altered pursuant to

the impugned order dated 02.03.2016, the same shall be

restored in favour of the petitioner.

Ordered accordingly.

I.A.No.1/2021 does not survive for consideration and

accordingly the same stands disposed of.

Sd/-

JUDGE JT/-