Karnataka High Court
Smt C Devamma vs The Thasildar on 25 February, 2022
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.18510 OF 2021 (LR)
BETWEEN:
SMT.C.DEVAMMA,
W/O LATE CHIKKMAHAIAH,
AGED ABOUT 68 YEARS
R/AT NO.4362, 5TH CROSS,
VIJAYANAGARA, MYSURU TALUK,
MYSURU CITY,
MYSURU DISTRICT-570028 ....PETITIONER
(BY SRI. SUBHASH CHANDRA BOSE, ADVOCATE)
AND:
1. THE THASILDAR,
NANJANAGUDU TALUK,
MYSURU-570028
2. THE ASSISTANT COMMISSIONER,
MYSURU SUB-DIVISION,
MYSURU-570026
3. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001
....RESPONDENTS
(BY SRI.R.SRINIVAS GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN
2
CASE NO.LRF.79(a) AND (b)119/2015-16 DATED
23.11.2016 BY THE R2, AT ANNEXURE-C AND
CONSEQUENTIAL ORDERS OR CHANGES MADE IN
REVENUE ENTRIES IF ANY AND ETC.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner is aggrieved by the order dated
23.11.2016 passed by the Assistant Commissioner,
Mysuru Sub-Division, Mysuru, 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.
2. 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.
3. 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.
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 petitioner herein.
5. Consequently the impugned order dated
23.11.2016 passed in L.R.F No.79(A)&(B) 119/2015-16
is hereby quashed and set aside. The matter is
remitted back to the second 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.
6. The petitioner shall appear before the second
respondent-Assistant Commissioner on 17th March
2022, without waiting for further notice from the
Assistant Commissioner.
7. If revenue entries have been altered pursuant
to the impugned order dated 23.11.2016, the same
shall be restored in favour of the petitioner.
Ordered accordingly.
Sd/-
JUDGE
rv
