M Ramesh vs State Of Karnataka
2022 Latest Caselaw 2260 Kant

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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.9998 OF 2021 (LR)

BETWEEN

M. RAMESH
S/O R.S.K. MURTHY
AGED ABOUT 59 YEARS
RESIDING AT # 2013
KREST PARK APARTMENT
OLD KANAKAPURA ROAD
BASAVANAGUDI
BANGALORE- 560 004
                                     ... PETITIONER
(BY SMT. SAVITHA Y. S., ADVOCATE)

AND

1.    STATE OF KARNATAKA
      VIDHANA SOUDHA
      DR. AMBEDKAR VEEDI
      BENGALURU - 560 001
      REPRESENTED BY ITS:
      PRINCIPAL SECRETARY.

2.    THE PRINCIPAL SECRETARY
      DEPARTMENT OF LAND REVENUE
      VIKASA SOUDHA
      DR. AMBEDKAR VEEDHI
      BENGALURU- 560 001.
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3.   THE ASSISTANT COMMISSIONER
     K G ROAD
     NEAR DISTRICT REGISTRAR OFFICE
     AMBEDKAR VEEDI
     SAMPANGI RAMANAGARA
     BANGALORE NORTH SUB-DIVISION
     BENGALURU - 560 009.

4.   THE TAHSILDAR
     BANGALORE NORTH TALUK
     AMBEDKAR VEEDHI
     SAMPANGI RAMANAGARA
     BENGALURU-5600001.
                                      ...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 22.11.1996 IN CASE NO.LRF
(83)243/95-96 ON THE FILE OF R-3, AS PER ANNEXURE-A.

     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

22.11.1996 passed by the Assistant Commissioner,

Bengaluru North Sub-Division, Bengaluru, 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.

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 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.

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 22.11.1996 passed in

proceedings No.L.R.F.(83)243/1995-96 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 22.11.1996, 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