Sri K D Rajesh vs The Assistant Commissioner
2022 Latest Caselaw 2253 Kant

                           1




     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.2478/2022 (LR)

BETWEEN:

     1. SRI K.D.RAJESH
        S/O LATE D DEVEGOWDA
        AGED ABOUT 40 YEARS
        OCC: AGRICULTURIST
        R/AT KUDARAGUNDI VILLAGE
        GEJJALAGERE POST
        KASABA HOBLI
        MADDURU TALUK
        MANDYA DISTICT-571428.

     2. SMT. THAYAMMA
        W/O LATE D DEVEGOWDA
        REPT. AND SIGNED SINCE DECEASED BY
        HER SOLE SUCCESSOR K.D.RAJESH
        OCC: AGRICULTURIST
        R/AT KUDARAGUNDI VILLAGE
        GEJJALAGERE POST
        KASABA HOBLI, MADDURU TALUK
        MANDYA DISTRICT-571428.
                                      ....PETITIONERS

(BY SRI. BASAVAIAH C, ADV.)

AND:

1.     THE ASSISTANT COMMISSIONER
       MANDYA SUB DIVISION,
                              2




        MANDYA,
        MANDYA TALUK AND DISTRICT- 571401.

2.      THE TAHSILDAR
        MANDYA TALUK OFFICE
        MANDYA TALUK AND DISTRICT- 571401.
                                     ....RESPONDENTS

( BY SRI A.R.SRINIVAS, AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDERS IN LRF NO. 181/2014-15
DATED 08.11.2016 AND LRF NO.179/2014-15 DATED
08.11.2016 PASSED BY THE FIRST RESPONDENT - THE
ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION,
MANDYA (ANNEXURE-H AND H1) RESPECTIVELY.

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

                         ORDER

R. DEVDAS J., (ORAL):

The petitioners are aggrieved by the order dated

08.11.2016 passed by the 1st respondent - the Assistant

Commissioner, Mandya Sub-Division, Mandya, 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.

2. Learned Counsel for the petitioners 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.

3. 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.

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 petitioners herein.

5. Consequently the impugned order dated

08.11.2016 passed in L.R.F Nos.181/2014-15 and

179/2014-15 are hereby quashed and set aside. The

matter is remitted back to the 1st respondent - the

Assistant Commissioner to consider the case of the

petitioners 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 petitioners shall appear before the 1st

respondent - the Assistant Commissioner on 3rd March

2022, without waiting for further notice from the Assistant

Commissioner.

7. If revenue entries have been altered pursuant to

the impugned order dated 08.11.2016, the same shall be

restored in favour of the petitioners.

Ordered accordingly.

Sd/-

JUDGE NG* CT-bms