Karnataka High Court
G.Raghunath Reddy vs The State Of Karnataka on 16 February, 2022
Bench: R Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.18783 OF 2021 (LR)
BETWEEN
G. RAGHUNATH REDDY
S/O VENKO REDDY
AGED ABOUT 67 YEARS
OCCUPATION: AGRICULTURE
R/AT NO.18/1, 1ST FLOOR
1ST CROSS, SBM COLONY
MATHIKERE, BENGALURU-560 054.
... PETITIONER
(BY SRI. N. KUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
M S BUILDING
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
BENGALURU-560 067
3. THE TAHSILDAR
HOSAKOTE TALUK
HOSAKOTE -561 203.
...RESPONDENTS
(BY SRI. A. R. SRINIVAS, AGA)
-2-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 24.11.2014 PASSED
BY THE R2-ASSISTANT COMMISSIONER, DODDABALLAPURA
SUB-DIVISION, DODDABALLAPURA, IN CASE NO.
LRF:SR(HO) 87, 90/2009-20 VIDE ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, 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
24.11.2014 passed by the Assistant Commissioner,
Doddaballapura Sub-Division, Doddaballapura, 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 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 petition is allowed. The
impugned order dated 24.11.2014 passed in
LRF:SR(HO)87, 90/2009-10 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 07th March 2022,
without waiting for further notice from the Assistant
Commissioner.
8. If revenue entries have been altered pursuant to
the impugned order dated 24.11.2014, 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
