Karnataka High Court
Smt. Aruna Kishor Bhagat vs The State Of Karnataka on 11 February, 2022
Bench: R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.3979 OF 2021 (LR)
BETWEEN
SMT. ARUNA KISHOR BHAGAT,
W/O KISHOR BHAGAT,
AGED ABOUT 70 YEARS,
R/AT NO.C-1101,
'MANTRI FLORA' APARTMENT,
JUNCTION OF SARJAPUR ROAD &
OUTER RING ROAD,
BENGALURU - 560 034.
REP. BY HER GPA,
HOLDER SRI. SIDDHATH KISHOR BHAGAT,
S/O KISHOR BHAGAT,
AGED ABOUT 40 YEARS,
R/AT NO. N-104, JASMINIUM,
MAGARAPATTA CITY, HADAPSAR,
PUNE, MAHARASTRA - 411 028.
... PETITIONER
(BY SRI. ANANDA K., ADVOCATE)
AND
1. THE STATE OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
DR. B.R AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY.
-2-
2. THE ASSISTANT COMMISSIONER,
BENGALURU SUTH SUB-DIVISION,
KANDAYA BHAVANA,
K.G. ROAD, BENGALURU - 560 009.
3. THE TAHSILDAR,
ANEKAL TALUK,
ANEKAL - 562 106,
BENGALURU DISTRICT.
...RESPONDENTS
(BY SRI. A. R. SRINIVAS, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 07.09.2018 PASSED BY THE R-2 AT ANNEXURE-
H. GRANT AN INTERIM ORDER OF STAY STAYING OPERATION
AND EXECUTION OF THE IMPUGNED ORDER DATED 07.09.2018
PASSED BY THE R-2 AT ANNEXURE-H.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, 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
07.09.2018 passed by the Assistant Commissioner, Bengaluru
South Sub-Division, Bengaluru, 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 Additional Government Advocate points out
from the impugned order that even though notice was issued to
the petitioner through a registered post and the same was not
served on the petitioner and therefore, the Assistant
Commissioner has proceeded to pass the impugned order.
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 07.09.2018 passed in L.R.F No.(83) (AS)/
37/2013-14 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 3rd March 2022, without waiting for
further notice from the Assistant Commissioner.
8. If revenue entries have been altered pursuant to the
impugned order dated 07.09.2018, the same shall be restored in
favour of the petitioner.
Ordered accordingly.
Learned Additional Government Advocate is permitted to
file Memo of Appearance within a period of four weeks from
today.
Sd/-
JUDGE
DL
