Sri K Nageshwara Rao vs The State Of Karnataka
2022 Latest Caselaw 1209 Kant

                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF JANUARY, 2022

                          BEFORE

            THE HON' BLE MR.JUSTICE R DEVDAS

         WRIT PETITION NO.1184 OF 2022 (LR)

BETWEEN
SRI K NAGESHWARA RAO
S/O K. RMAPPA
AGED ABOUT 61 YEARS
R/AT LALITHA NILAYAM
SUDHA CROSS, OPP. POLICE STATION
BELLARY CITY -5783101
                                          ... PETITIONER
(BY SRI. NAVEEN J.N, ADVOCATE)

AND

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF REVENUE
      VIKASA SOUDHA
      DR. AMBEDKAR VEEDHI,
      BANGALORE 560 001
      REP. BY ITS PRINCIPAL SECRETARY

2.    THE ASSISTANT COMMISSIONER
      CHITRADURGA SUB DIVISION
      CHITRADURGA 577501

3.    THE TAHASILDAR
      CHITRADURGA TALUK
      CHITRADURGA DISTRICT 577501
                                        ... 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.25.10.2016 PASSED BY THE R-2 MARKED AT
ANNEXURE-D TO THE W.P. AND ETC.

    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

25.10.2016 in case No.L.R.M.79(A) CR: 69/2012-13, passed

by the second respondent-Assistant Commissioner,

Chitradurga Sub-Division, Chitradurga 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 writ petition is allowed. The

impugned order dated 25.10.2016 in case No.L.R.M.79(A) CR:

69/2012-13, 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 78-B of the Karnataka

Land Reforms Act in Karnataka Amendment No.56 of 2020.

7. The petitioner shall appear before the second

respondent-Assistant Commissioner on 17th February 2022,

without waiting for further notice from the Assistant

Commissioner.

8. If revenue entries have been altered pursuant to the

impugned order dated 25.10.2016, the same shall be restored

in favour of the petitioner.

Ordered accordingly.

9. Learned Additional Government Advocate is permitted

to file Memo of Appearance within a period of four weeks from

today.

Sd/-

JUDGE DL