Ramesh Kumar J vs State Of Karnataka
2022 Latest Caselaw 3233 Kant

                           -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 24TH DAY OF FEBRUARY, 2022

                         BEFORE

           THE HON' BLE MR.JUSTICE R DEVDAS

        WRIT PETITION NO.23455 OF 2021 (LR)

BETWEEN

RAMESH KUMAR J
S/O JAYARAJU
AGED ABOUT 38 YEARS
R/AT NO.20, PATEL NANJUNDAPPA ROAD,
R S PALYA, BANGALORE - 560 033
                                         ... PETITIONER
(BY SRI. CHANDRASHEKARA REDDY M.V., ADVOCATE)

AND

1.    STATE OF KARNATAKA
      REP BY ITS PRINCIPAL SECRETARY
      DEPARTMENT OF REVENUE,
      M S BUILDING
      BENGALURU - 560 001

2.    THE ASSISTANT COMMISSIONER
      RAMNAGARA SUB DIVISION
      RAMANAGARA DISTRICT - 562 159

3.    TAHSILDAR
      CHANNAPATTANA TALUK
      CHANNAPATTANA
      RAMANAGARA DISTRICT - 562 160
                                        ...RESPONDENTS
(BY SRI. R. SRINIVAS GOWDA, AGA)
                                     -2-


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DTD. 29.11.2017 PASSED BY THE R-2 AS PER ANNX-A
AND CONSEQUENTLY AND DIRECT THE R-2 TO RESTORE THE
ENTRIES IN THE NAME OF PETITIONER IN THE REVENUE
RECORDS AS STOOD BEFORE IN RESPECT OF SY.NO.58/8 OF
MAKALI VILLAGE, MALURU HOBLI, CHANNAPATTANA TALUK,
RAMANAGARA DISTRICT AND ETC.,

     THIS WRIT PETITION IS COMING ON FOR ORDERS, 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

29.11.2017 passed by the Assistant Commissioner,

Ramanagara Sub-Division, Ramanagara, 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 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 29.11.2017 passed in LRF No.79(A &

B) (Cha) 03/2014-15 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 79-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 16th March 2022, without waiting

for further notice from the Assistant Commissioner.

8. If revenue entries have been altered pursuant to the

impugned order dated 29.11.2017 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