Sri Janaki Raaman @ Jayaraamu vs State Of Karnataka
2022 Latest Caselaw 3415 Kant

                         1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 28TH DAY OF FEBRUARY, 2022

                      BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

             W.P. NO.4251 OF 2022 (LR)

BETWEEN:

SRI. JANAKI RAAMAN @ JAYARAAMU,
S/O SUBRAMANI,
AGED ABOUT 49 YEARS,
R/A NO.2637, 12TH MAIN ROAD,
'E' BLOCK, 2ND STAGE, RAJAJINAGAR,
BANGALORE - 560 010.
                                     ... PETITIONER
(BY SRI.SRIKANTH N.V., ADVOCATE)

AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY
       PRINCIPAL SECRETARY,
       DEPARTMENT OF REVENUE,
       VIDHANA SOUDHA,
       BANGALORE - 560 001.

2.     THE TAHASILDAR,
       NELAMANGALA TALUK,
       NELAMANGALA - 562 123,
       BENGALURU RURAL DISTRICT.

3.   THE ASSISTANT COMMISSIONER,
     DODDABALLAPURA SUB DIVISION,
     DODDABALLAPURA - 561 203,
     BENGALURU RURAL DISTRICT.
                                ... RESPONDENTS
(BY SRI.SRINIVAS GOWDA R., AGA)
                            2


     THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE R3 IN
CASE DATED 18.12.2015 AS PER ANNEXURE - A;
ALTERNATIVELY ISSUE NECESSARY DIRECTION TO THE
R2 TO RESTORE THE NAME OF PETITIONER IN THE RTC
ENTRY.

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

                         ORDER

The case of the petitioner is that he purchased

the agricultural property bearing Sy.No.16/8

measuring 0.08 guntas of land situated at

Jakkasandra Vllage, Kasaba Hobli, Nelamangala

Taluk, from one Sri. N. Lingaraju through registered

sale deed dated 09.01.2009 and that he is an

agriculturist and the said purchase is in accordance

with law. However, respondent No.3 has erroneously

passed the impugned order wherein it is held that the

said purchase is in violation of the provisions in

Sections 79(A) and 79(B) of Karnataka Land Reforms

Act, 1961 and the said property has been sought to

be impounded by the State Government. It is further

contended that subsequent to the amendment, the

entire proceedings in respect of the said lands abates

and the impugned order is not sustainable.

2. It is submitted by both the learned

counsel for the petitioner and learned Additional

Advocate General appearing for respondents 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. Having considered the submissions of the

learned counsel and on perusing the judgment of the

co-ordinate Bench in W.P.No.7821/2021, this Court

finds that the facts and circumstances in both these

cases are similar and therefore, the benefit of the

decision of the co-ordinate Bench should also enure

to the benefit of the petitioner herein.

4. Consequently, the impugned order dated

18.12.2015 passed in LRF:SR(NE): 84/2009 by

respondent No.3 is hereby set aside. The matter is

remitted back to the third respondent - Assistant

Commissioner to consider the case of the petitioenr

including the consequences of the amendment

brought to the provisions of Sections 79-A and 78-B

of the Karnataka Land Reforms Act and pass suitable

orders.

5. The petitioner shall appear before the

third respondent - Assistant Commissioner on 28th

March 2022, without waiting for further notice from

the third respondent - Assistant Commissioner.

The writ petition is disposed of accordingly.

Sd/-

JUDGE

AG